A three-judge panel of the Virginia Court of Appeals ruled against a worker compensation claim of Danny Woodrow Wilson, an Ace Hardware Corp forklift battery exchanger.

The Richmond-based panel denied Wilson's claim in affirming a decision of the Virginia workers' compensation commission.

In his job, Wilson was required to exchange, charge and maintain batteries for some 90 forklifts in an Ace warehouse.

On 15 December 2008, Wilson was using a whisk broom to clean under a battery rack station. A poisonous brown recluse spider bit him on his right middle finger. He reported the incident but did not seek medical attention until 17 December. In another medical visit, it was determined that an infection in his hand had spread throughout his body, resulting in hospital treatment from 20-24 December.

In February 2009, Wilson filed a claim seeking wage-loss benefits and payment for his medical expenses.

After hearing the evidence, however, a deputy commissioner ruled that Wilson failed to prove that he was exposed to a greater risk of insect bites than that encountered by the general public. The deputy found there was no evidence that Wilson was exposed to the risk of insect bites and that nothing in his work environment increased the risk of an insect bite.

The full commission affirmed the deputy's decision, and Wilson sought help from the court.

Appellate Judges Robert Frank, Randolph Beales and Cleo Powell heard the arguments during a teleconference and concluded, "Wilson failed to prove by a preponderance of the evidence that his injury arose out of his employment."