Marion Correctional Treatment Center v. Henderson
The Court found a compensable injury in Marion Correctional Treatment Center v. Henderson, 20 Va. App. 477, 458 S.E.2d 301 (1995).
In Henderson, claimant, a correctional officer, fell down a set of stairs while he watched the tower guard for acknowledgment. Id. at 479, 458 S.E.2d at 302.
The Court wrote:
Observation of the guard towers was one of the security functions of his employment. The way in which he performed this aspect of his job increased the risk of falling on this occasion and directly contributed to cause his fall and injury. He would not have been equally exposed to the risk apart from his duty to observe the guard towers and provide security at the facility. Henderson, 20 Va. App. at 480-81, 458 S.E.2d at 303.