Video Showing Costco Worker Walking Mile, Assisting Grandkids Supports Ending Benefits

Richmond, VA (WorkersCompensation.com) – When an employee is receiving benefits for a workplace injury, some employers may want to verify that the employee is as injured as she reports. 

Such was the case in Revels v. Costco, No. 0002-22-2 (Va. Ct. App. 08/30/22, unpublished), in which the employer’s video evidence showed that the employee’s reports of how she felt and what she was able to do were at odds.

Injury

A worker for Costco experienced a compensable injury after falling from a table and striking her head on a concrete floor at work. In the emergency room, the worker complained of a headache, dizziness, and nausea. She was diagnosed with brief loss of consciousness, a post-concussion headache, head injury, and cervical neck pain.

The Workers’ Compensation Commission awarded the worker medical benefits and continuing temporary total disability benefits consisted with the parties’ “award agreement.”

As the worker continued receiving medical treatment over the next year and a half, she continued to report no improvement in her symptoms, which were minimally responsive to oral medication and home rehabilitation exercises.

Costco hired private investigators to follow the and record the worker. The investigators’ videos depicted the worker driving and walking without difficulty and assisting two of her grandchildren into her car. Investigators also recorded the worker walking for one mile without difficulty.

Eventually, when the worker’s doctor released her to pre-injury work without restrictions, Costco filed an application to terminate the worker’s benefits. In turn, the worker applied for the WCC to authorize a change in her treating physician.

Following a hearing, a WCC deputy commissioner found that Costco had presented “credible, reasonable, and uncontradicted” medical evidence that the worker could perform her pre-injury duties without restrictions. Accordingly, he terminated the worker’s temporary total disability benefits.

On review, the WCC affirmed the deputy commissioner, prompting the worker to appeal to court.

'Able Fully'

In assessing an application alleging that a claimant can return to pre-injury work, Virginia law provides that the threshold test of compensability is whether the employee is able fully to perform the duties of her preinjury employment.

The court explained that the medical evidence in the worker’s case was “uncontradicted.” It noted that the doctor returned the worker to work full-time without restrictions and that his conclusions were backed up by the video evidence showing the working walking without difficulty and assisting her grandchildren into the car.

Additionally, the court pointed out that the worker “rushed out” of the exam room without difficulty when she realized the doctor would not be continuing her work restrictions. Thus, the court agreed with the WCC and the deputy commissioner that the worker had no restrictions.

Thus, the court held that the WCC did not err by granting Costco’s application and terminating the worker’s benefits.

Forms, email updates, legal, regulatory, and compliance information from Virginia and 52 other jurisdictions across the U.S. can be found on WorkCompResearch.com.

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