Angela Alvero v. Watermark Retirement Communities and Strategic Comp Services

In Angela Alvero v. Watermark Retirement Communities and Strategic Comp Services the Claimant fell as she was exiting the break room injuring her right shoulder and left knee. The floor was not slippery, there was no detectable substance on the floor and her shoes did not contribute to the fall. The issue is whether the Claimant’s fall arose out of Claimant’s employment. In order for an injury to be considered “arising out of” employment, the work performed must be in the course and cope of employment and the major contributing cause of the injury or death. According to the analysis in Valcourt-Williams, compensability always turns on whether the employment led to the risk. A claimant cannot prevail unless there was occupational causation, a risk not existent in the claimant’s “non-employment life”. Compensability is DENIED.

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