A nurse who was injured when she lost control of her car when she checked her personal cell phone while driving has had her worker’s compensation claim upheld by the Virginia Court of Appeals.
Donna Turner, an on-call hospice nurse, claimed that she was programmed to check her pager when contacted by her employer. If the pager did not work, her employer’s protocol was for her to check her personal cell phone as the backup to her beeper.
According to a report written by David Sherfinski in The Washington Times, Turner was driving on a mountainous road when she her cell phone distracted her which caused her to lose control.
The court confirmed that Turpin’s cell phone, at the time, was reserved for communication with her employer, Wythe County Community Hospital, and therefore her injury accident arose “out of and in the course of ” her employment.
The court’s ruling affirms that Turpin is eligible for worker’s compensation.
Virginia does not have the same restrictions to using a hand held cell phone as Washington state has. There is no ban to using a hand-held cell phone while driving in Virginia while there is one in Washington. However, Virginia does prohibit texting while driving. Had this case occurred in Washington, the result may have been different.
This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have died.
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