Could Judge Garner Workers’ Comp for Knee that ‘Popped’ on Staircase?

What Do You Think?

An injury is only compensable if it is caused by an employee’s job. Generally, an injury that occurs at work while an employee is engaged in some work obligation is compensable. But what if the obligation is something that we all do, such walking (e.g. from one room to another)? A case involving a judge who was injured while walking down a staircase addresses that point. 

It was the middle of her work day and the judge was at her workplace. She was, in fact, heading from one meeting to another. She had her phone and keys in her left hand and was descending the stairs. The stairs were not defective in any way. Suddenly, she felt a burning behind her knee and heard a loud “pop.” 

Immediately after the incident, she had pain and other problems with the knee. Imaging later showed she tore her meniscus during the incident. They also showed she had pre-existing osteoarthritis in that knee.

The workers’ compensation board rejected her claim, finding that it didn't result from her job.

A work injury is compensable if the claimant (1) received a personal injury, (2)  in the course of employment, and (3) resulting from that employment.

Was judge’s injury caused by her employment?

A. No. She didn’t show that her job required her to use the stairs to the point that it placed her at greater risk than the public. 

B. Yes. The injury was obviously work-related because she was using the stairs in the office during her workday while going from one meeting to another.

If you selected A, you agreed with the court in Harper v. City of Elkins, No. 25-ICA-101 (W.V. Intermediate Ct. App.  08/29/25), which held that the judge’s injury was not causally related to her job.

For the full text of this case, head to Simply Research

The court found that the board correctly applied the “increased risk test” to decide whether the injury resulted from the judge’s employment. Under the increased risk test, injuries are compensable if the employment exposed the claimant to a risk greater than that to which the general public was exposed. If the risk is one to which everyone may be subjected, instead of a hazard peculiar to the employee's work, the injury is not compensable

This was the type of injury that nearly everyone is at risk of experiencing because nearly everyone uses stairs. 

“[T]he claimant's risk of being injured while descending the stairs at work was not qualitatively peculiar to her employment, nor did she face an increased quantity of risk,” the court said.

Because the judge’s right knee injury was not caused by her job, it was not compensable.

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