Opinion
Record No. 0813-94-1
Decided: October 4, 1994
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Affirmed.
(F. Nash Bilisoly; Kimberly Herson Timms; Vandeventer, Black, Meredith Martin, on brief), for appellant.
(Richard D. Mattox; Charles W. Hawks, Jr., on brief), for appellee.
Present: Judges Baker, Elder and Fitzpatrick
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
The sole issue on this appeal is whether the Workers' Compensation Commission erred in finding that Donald L. Stout sustained an injury by accident arising out of his employment with Bally's HTCA ("Bally's") on January 13, 1993. Upon reviewing the record and the briefs of the parties, we find that this appeal is without merit. Accordingly, we summarily affirm the commission's decision. Rule 5A:27.
"Whether an injury arises out of the employment is a mixed question of law and fact and is reviewable by the appellate court." Plumb Rite Plumbing Serv. v. Barbour, 8 Va. App. 482, 483, 382 S.E.2d 305, 305 (1989). Factual findings of the commission will be upheld on appeal if supported by credible evidence. James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).
On January 13, 1993, Stout, a maintenance technician employed by Bally's, injured his left knee while repairing a whirlpool water heater located in Bally's pump room. Stout testified that to perform this task he was required to kneel, squat, lie down, and rise to a standing position on a ramp in front of the heater. He worked on the heater for fifteen to twenty minutes "in several different positions" and stood up three times. Stout testified that as he rose the third time, he turned and his right foot "caught something," causing him to trip and shift his weight to his left leg. At that moment, he felt a sharp pain in his left knee.
Stout's supervisor testified that Stout reported that he position. Dr. David L. Durica's January 15, 1993 medical report and Stout's January 29, 1993 recorded statement also reflect that Stout felt pain in his left knee as he rose from a kneeling position. There is no mention of tripping in these records.
The commission found that Stout did not trip, but injured his knee when he rose from a kneeling position. This finding is supported by credible evidence, including the supervisor's testimony, the medical records, and Stout's recorded statement. Thus, it will not be disturbed on appeal.
The commission correctly found that this case is controlled by our decision in Grove v. Allied Signal, Inc., 15 Va. App. 17, 421 S.E.2d 32 (1992). In Grove, the claimant was working in a crouched position several feet off the ground repairing a two inch pipe. While making the repair, he reached for an eight pound piece of pipe. He experienced a sharp pain in his back. Id. at 18, 421 S.E.2d at 33. We held that "Grove's injury occurred during a work activity and was inextricably linked to the conditions of the workplace." Id. at 21, 421 S.E.2d at 34. In Grove, we recognized that " 'contortions of the body' to perform a job task is a hazard of the workplace." Id. at 22, 421 S.E.2d at 35 (citation omitted).
In this case, as in Grove, the evidence proved that Stout was required by his employment to perform the repair work in various awkward positions. Upon rising from one of these positions, he felt sharp pain in his left knee. Thus, the commission correctly found that his "injury was inextricably linked to the conditions of [his] work."
Bally's cites Barbour in support of its argument. However, in Barbour, unlike this case, there was no evidence that the conditions of the claimant's workplace contributed to cause the injury. Barbour simply bent over to pick up a piece of plastic pipe after working for one hour. Barbour, 8 Va. App. at 483, 382 S.E.2d at 305. "The mere fact that the employee had worked one and one-half hours did not prove that the conditions of the workplace were linked to the injury." Grove, 15 Va. App. at 20, 421 S.E.2d at 34.
For the reasons stated, we affirm the commission's decision.
Affirmed.