Because he was not wearing his seat belt, a man’s injuries in a crash while driving his employer’s truck were not covered by worker’s comp. This was the conclusion of the Workers’ Compensation Commission, and it was affirmed by the Virginia Court of Appeals. The man’s decision to not wear a seat belt was the immediate cause of his injuries.
The Plaintiff worked delivering trailers of ice to customers of an ice company. On the day in question, he was asked to deliver a “party trailer” of ice to a nearby town. He testified that he was told to make the delivery quickly (“kind of like in a hurry”). He also indicated that carefully scheduled deliveries were standard operating procedure.
The plaintiff was driving a truck with seat belts. He knew he was required by law to use a seat belt. However, he did not fasten the seat belt.