Camping World RV Sales, LLC, d/b/a Camping World RV Sales (TVA) v. Dennis Ocasio
0439244
Va. Ct. App.May 27, 2025Background
- Dennis Ocasio, an operations manager at Camping World RV Sales, was struck by a golf cart operated by coworker Gunnar Tazelaar during work in July 2021; Tazelaar claimed it was a prank.
- Ocasio suffered injuries to his arms and legs, sought medical benefits, and later pursued criminal charges, leading to Tazelaar's conviction for misdemeanor assault and battery.
- The Deputy Commissioner found the incident was an assault, not horseplay, but denied compensation as the assault was deemed unrelated to Ocasio's employment.
- The full Workers’ Compensation Commission reversed, holding it was workplace horseplay and Ocasio was an innocent victim entitled to benefits.
- Camping World appealed, challenging the classification of the incident as horseplay rather than personal assault.
- The Court of Appeals addressed whether the conduct was horseplay (compensable) or a personal assault (not compensable under the Act absent employment nexus).
Issues
| Issue | Ocasio's Argument | Camping World’s Argument | Held |
|---|---|---|---|
| Was the incident horseplay or assault and battery? | Horseplay pranks are an employment risk; Ocasio was an innocent victim. | Assault was personal to Ocasio, not due to employment. | The Court held it was an assault and not workplace horseplay. |
| Is a compensable claim available under the Workers’ Compensation Act? | Eligible as an innocent victim of workplace horseplay. | Not eligible; assault wasn't motivated by employment status or duties. | Ocasio’s injuries were not compensable—no employment nexus. |
| Relevance of perpetrator’s intent in classification | Subjective intent for pranks shows horseplay. | Intent does not control; nature/consequences state assault. | Intent is not dispositive; conduct and effect control outcome. |
| Effect of criminal conviction on claim classification | Used as evidence of non-horseplay conduct. | Should weigh against finding horseplay. | Assault conviction supports finding of assault, not horseplay. |
Key Cases Cited
- Hilton v. Martin, 275 Va. 176 (workers’ comp does not apply to personal assaults, intent irrelevant to assault determination)
- Simms v. Ruby Tuesday, Inc., 281 Va. 114 (clarifies horseplay as compensable if it is a risk inherent to employment)
- Richmond Newspapers v. Hazelwood, 249 Va. 369 (offensive workplace contact, even if intended as a prank, can be a personal assault)
- Park Oil Co. v. Parham, 1 Va. App. 166 (horseplay doctrine applies where prank not foreseeable as assault; distinguishes technical assault from playful conduct)