Young Jin Kim v. Roto Rooter Services Company & Old Republic Insurance Company
1053164
| Va. Ct. App. | Mar 7, 2017Background
- Kim sustained a left knee injury while working on a backed‑up sewer line at a movie theater on May 24, 2015.
- May 23–24, 2015 he worked long hours and reported knee pain that worsened after kneeling and moving in a tight space.
- Kim wore knee pads later and continued working after first symptoms.
- Medical records show swelling and inability to bend the knee after the injury began; he initially sought treatment May 24, 2015.
- Compensation was initially awarded by deputy commissioner for temporary disability and pre‑injury wages, then reversed by the Commission on June 2, 2016.
- Appellant challenges that the injury was caused by a specific incident and that the evidence supports an identifiable accident rather than cumulative trauma.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was an identifiable incident causing the injury. | Kim argues an identifiable incident occurred. | Roto Rooter/Old Republic contend there was no identifiable incident, only repetitive trauma. | No identifiable incident; injury not compensable. |
Key Cases Cited
- Morris v. Morris, 238 Va. 578 (1989) (injuries from cumulative trauma not injuries by accident)
- Van Buren v. Augusta Cty., 66 Va. App. 441 (2016) (first responder exception; not a repetitive trauma case)
- Ogden Aviation Servs. v. Saghy, 32 Va. App. 89 (2000) (identifiable incident and causal connection required)
- Chesterfield Co. v. Dunn, 9 Va. App. 475 (1990) (identifiable incident and sudden bodily change required)
- Aistrop v. Blue Diamond Coal Co., 181 Va. 287 (1943) (injury by accident requires particular time and place with identifiable incident)