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Part-time bouncer wins benefits

Getting punched out on the job may be an occupational hazard for a club doorman, so it’s good to know workers’ comp can cover the dental expenses.

Joshua Mays won medical benefits for injuries to his front teeth and jaw when he was assaulted while on duty at the door at Club 216 in Richmond. He described his duties as a doorman as primarily checking for weapons, but said he also sometimes doubled as a bouncer.

As he was closing the club one August night in 2010, he moved to help a patron, who appeared drunk, as he left the building. As he reached for the unsteady patron, the man took a swing, hit Mays in the mouth, and ran away.

The deputy commissioner reasoned that a business doesn’t have a doorman unless it thought there might be some breach of the peace. The full Workers’ Compensation Commission agreed Mays’ injuries were work-related, and ordered medical benefits in Mays v. Piedmont Triangle Society Inc.

In another workers’ comp case handed down last week, the commission awarded medical benefits to a veterinary assistant who had to undergo rabies shots after she handled a cat who tested positive for rabies. The assistant had scratches and open wounds on her hands, and the cat had excessive drool and open wounds on its back legs. The commission reversed the deputy commissioner’s denial of benefits, and said in Thomas v. Assisi Animal Clinics of Va. Inc. the assistant was covered even though she did not test positive for rabies.
–Deborah Elkins

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