City of Richmond v. Braxton

This is a workers’ compensation case involving a sexual assault resulting in injury to the claimant, Vernell G. Braxton. It is conceded that the injury arose in the course of the claimant’s employment with the City of Richmond. The question for decision is whether the injury also arose out of the employment. The two elements, an injury arising out of and in the course of the employment, must concur to produce a compensable claim. R & T Investments v. Johns, 228 Va. 249, 252, 321 S.E.2d 287, 289 (1984).

The record shows that on October 23, 1981, the claimant was employed by the City as a ticket…