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Burke Family Practice v. Varner

Court of Appeals of Virginia. Argued at Alexandria, Virginia
Jun 28, 1994
Record No. 2186-93-4 (Va. Ct. App. Jun. 28, 1994)

Opinion

Record No. 2186-93-4

Decided: June 28, 1994

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

Affirmed.

Daniel E. Lynch (Williams, Butler Pierce, on brief), for appellants.

F. Joseph Brinig (Brinig Bernstein, on brief), for appellee.

Present: Judges Baker, Benton and Bray


MEMORANDUM OPINION

Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.


Burke Family Practice, P.C. and its insurer (employer) appeal the decision of the Workers' Compensation Commission (commission) awarding certain benefits to Pamela Varner (claimant). Employer contends that claimant failed to prove an injury which "arose out of her employment." We disagree and affirm the commission.

The parties are fully conversant with the record, and a recitation of the facts is unnecessary to this memorandum opinion.

On appellate review, we must construe the evidence in the light most favorable to the party prevailing below, claimant in this instance. Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va. App. 503, 504, 339 S.E.2d 916, 916 (1986). Factual findings by the commission which are supported by credible evidence are conclusive and binding upon this Court. Code Sec. 65.2-706; Rose v. Red's Hitch Trailer Servs., Inc., 11 Va. App. 55, 60, 396 S.E.2d 392, 395 (1990). It is well established that "[w]hether an accident arises out of employment is a mixed question of law and fact and is . . . reviewable upon appeal." Mullins v. Westmoreland Coal Co., 10 Va. App. 304, 307, 391 S.E.2d 609, 611 (1990). However, the determination of causation is a question of fact. Ingersoll-Rand Co. v. Musick, 7 Va. App. 684, 688, 376 S.E.2d 814, 817 (1989).

It is undisputed that claimant was injured during the course of her employment. In concluding that this injury also "arose out of the employment" and was compensable, the commission relied upon testimony which supports the reasonable inference that the accident occurred when claimant "encountered a slippery stairway which caused her to slide down the stairs." This decision is supported by credible evidence in the record and will not be disturbed on appeal.

Affirmed.


Summaries of

Burke Family Practice v. Varner

Court of Appeals of Virginia. Argued at Alexandria, Virginia
Jun 28, 1994
Record No. 2186-93-4 (Va. Ct. App. Jun. 28, 1994)
Case details for

Burke Family Practice v. Varner

Case Details

Full title:BURKE FAMILY PRACTICE, P.C., ET AL. v. PAMELA VARNER

Court:Court of Appeals of Virginia. Argued at Alexandria, Virginia

Date published: Jun 28, 1994

Citations

Record No. 2186-93-4 (Va. Ct. App. Jun. 28, 1994)