d)
If dealing with an altercation, it is important to interview any and all persons involved in, or having witnessed the incident. Virginia Code Section 65.2-306 states that injuries caused by the employee's attempt to injure another are not compensable. In such cases, there will almost always be a "he said, she said" story as to how the altercation started.
e)
Finally, if asserting the employee willfully breached a safety rule, the rule must have been enacted for the safety of the employee, made known to the employee in advance of the injury, and must have been enforced by the employer. If you encounter a claimant who is adamant that the rule was not enforced, we encourage you to interview other employees about enforcement outside the presence of the supervisors. Unfortunately, it is not uncommon to receive a story of enforcement in front of the supervisors, and a different story outside their presence. It is obviously better to learn this at the beginning of the investigation, rather than once the employee is under oath while on the witness stand.
