Gwaltney of Smithfield v. Lynnecia Hagins

LEMONS, Judge.

Gwaltney of Smithfield, Ltd. (“employer”) and Travelers Indemnity Company of Illinois appeal the Workers’ Compensation Commission’s decision that the employer failed to enforce a safety rule and that Lynnecia Hagins’ initial claim for benefits was not barred by the provisions of Code § 65.2-306(A)(5). 1 Finding no error, we affirm.

I. BACKGROUND

From September 1995 until November 1995, Hagins worked at Gwaltney of Smithfield in the Production Department. She was given instructions on “hand safety” and was aware of the employer’s published safety rule: “Never put any body part,…