A Virginia school guard who was injured after a metal gate, blown by wind, closed behind her and struck her, was not eligible for benefits according to a Virginia appellate court. They determined the gust of wind that blew the gate as a natural force or an act of God.

The employee was a school security guard who was performing her duties at a high school. She had just passed through a metal gate when a gust of wind suddenly blew it closed, and as it closed it struck her and she fell.

A deputy commissioner said she had failed to prove she faced a risk that was any greater than the public at large. The wind was considered an act of God and her claim was denied.

The Commission affirmed, finding that she was not at a greater risk than anyone else in that area at the time.

Under Virginia’s actual risk test, compensability is denied for injuries which come from a hazard to which the employee would have been equally exposed apart from the employment. An injury flowing from a “natural force” is considered an act of God and does not entitle the employee to coverage. Further, the court stressed that an accident would arise out of the employment if there is a casual connection between the injury and the conditions under which the employer requires the work to be performed. She could not establish this causal connection between her employment and the injury.

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