The Virginia Supreme Court handled an appeal of a workers compensation proceeding that revolved around the issue of whether an innocent victim of horseplay at work could recover workers comp benefits. This case is Simms v. Ruby Tuesday, Inc., 2011 WL 111583 ( Va. ).

 Simms worked as a server at a restaurant. Fellow employees started throwing ice at him one night, and while fending off the barrage, Simms lifted his left arm and felt his shoulder dislocate. Simms was taken to a hospital where he received treatment for the injury. He alleged that after the injury, he was unable to use his shoulder in everyday activities and that he was unable to work for a period of time. A deputy commissioner of the state workers comp commission concluded that Simms was the innocent victim of horseplay perpetrated by co-employees, that he sustained an injury by accident arising out of and in the course of employment, and that his injury was compensable under the workers comp act.

 The full commission reviewed the decision and found there was no connection between the conditions under which the employer required the work to be performed and the assault by the co-workers. The commission reversed the order and said that even though Simms was an innocent victim of workplace horseplay; his injury did not arise out of his employment. Simms appealed and a court of appeals affirmed the ruling of the commission. The case then went to the Virginia Supreme Court.