The Virginia Court of Appeals in June upheld compensation benefits for a service manager who was injured when he stepped on a plastic automotive fastener in a service bay.
The court unanimously rejected a challenge to the benefits by Farrish of Fairfax, which sells Jeep, Chrysler, Dodge, Ram and Subaru vehicles.
According to the decision, in August 2016, Mark Faszcza stepped on the discarded fastener in an uncleaned service bay. Faszcza, who has neuropathy, didn't discover the puncture wound until he got home with the fastener still lodged in his shoe.
He suffered persistent infections, was hospitalized multiple times and underwent surgery, according to the decision. A gastroenterology expert testified that Faszcza later developed Crohn's colitis from the antibiotic treatment he received to fight the infections.
The court held that Faszcza suffered a compensable on-the-job injury from the accident and found no evidence to support the dealership's argument that he "encountered the used fastener in his own vehicle."
There will be no further appeal, said Michael Allen, executive manager of workers' compensation carrier VADA Group Self Insurance Association.