Virginia Electric and Power Co. v. Kremposky

Virginia Electric and Power Company (Vepco), appealing from a workers’ compensation award in favor of claimant Michael F. Kremposky, contends that the Industrial Commission erred in holding that it had failed to establish its defense of willful violation of a known safety rule.

An employer who invokes such a defense has the burden of proving that the claimant’s injury was “[d]ue to willful failure or refusal to use a safety appliance ... or the willful breach of any rule or regulation adopted by the employer and approved by the Industrial Commission and brought prior to the accident to the…