KPM in Richmond Represents Employers in Workers’ Compensation Cases

The recipient of a juris doctor from the University of Richmond School of Law, Claire C. Carr is an accomplished lawyer based in Richmond, VA. Recognized as a Virginia Super Lawyer for three consecutive years starting in 2016, Claire C. Carr has extensive experience in workers’ compensation and workplace safety cases. Currently, Claire Carr serves as a managing partner with Kalbaugh, Pfund & Messersmith (KPM) in Richmond.

KPM has a reputation for aggressively defending insurance companies and employers in a variety of workers’ compensation cases across industries such as food service, large retailers, charitable organizations, construction companies, and more. Focused on providing clients with short- and long-term results, the team at KPM assists clients with developing a strategy to improve their position in future claims processes.

Possessing a team of experienced litigators, KPM ensures that the attorneys representing its clients are knowledgeable about how workers’ compensation cases and the law impact employers, insurance carriers, and self-insured organizations. As part of creating a successful defense, the litigation team partners with claims adjusters, managers, human resource personnel, and medical providers to determine effective case management solutions and work toward an outcome that favors clients.

The Landmark Case of Bernard vs. Carlson Companies

Lawyer Claire C. Carr has served as a managing partner with the Richmond, VA, law firm of Kalbaugh, Pfund & Messersmith, PC, for 27 years. Claire C. Carr has tried hundreds of workers’ compensation cases based on precedents set by prior decisions such as in Bernard vs. Carlson Companies.

The decision in the 2012 case Bernard v. Carlson Companies-TGIF, 60 Va. App. 400 (2012) set a precedent for company’s responsibility under the Virginia Workers’ Compensation Act for certain types of injuries sustained in the workplace. In 2010, restaurant worker Michael Bernard choked on a piece of quesadilla that he was sampling during a food tasting session. He sustained damage to his esophagus and lungs while attempting to dislodge the morsel and had to undergo emergency surgery.

He filed a workers’ compensation claim against his employer, TGI Friday’s, since the incident occurred at his workplace while he was engaged in a job duty. However, this claim was dismissed by the Workers’ Compensation Commission based on the premise that the injury was not due to anything specific about the workplace or his employer.

The commission determined that Bernard was not mandated to eat any food in any manner, nor was the quesadilla itself defective. The case went before the Virginia Court of Appeals, which upheld the commission’s finding. According to the court, Bernard would have faced the same choking risk had he eaten the quesadilla at home. Therefore, his employer could not be held liable.

This case demonstrated that not all injuries occurring in the workplace can be attributed to the work environment. If the likelihood of sustaining a particular injury is similar inside or outside the workplace, a worker may not be entitled to recovery.