Opinion
Record No. 1439-94-4
Decided: February 28, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Benjamin J. Trichilo (Lewis, Trichilo, Bancroft, McGavin Horvath, P.C., on briefs), for appellants.
Jack T. Burgess (Jack T. Burgess Associates, P.C., on brief), for appellee.
Present: Judges Barrow, Fitzpatrick and Senior Judge Duff
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
In this appeal from the Workers' Compensation Commission, we hold that the evidence supported the commission's findings that (1) the employee's injury arose out of his employment, and (2) the employee's misrepresentations on his job application did not bar him from compensation.
Arising Out of the Employment
An employee is entitled to compensation for (1) an "injury" by "accident," (2) "arising out of" his or her employment, and (3) "in the course of" his or her employment. Snead v. Harbaugh, 241 Va. 524, 526, 404 S.E.2d 53, 54 (1991). "In the course of" refers to the time, place, and circumstance under which the injury occurred. County of Chesterfield v. Johnson, 237 Va. 180, 183, 376 S.E.2d 73, 74 (1989). "Arising out of" refers to the requirement of a "causal connection between the conditions under which the work is required to be performed and the resulting injury." Marketing Profiles, Inc. v. Hill, 17 Va. App. 431, 434, 437 S.E.2d 727, 729 (1993) (en banc). "The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship." United Parcel Service v. Fetterman, 230 Va. 257, 258-59, 336 S.E.2d 892, 893 (1985).
In this case, although the fall was unexplained, the injury sustained was causally related to the fall down the stairs. See Southland Corp. v. Parsons, 1 Va. App. 281, 287, 338 S.E.2d 162, 165 (1985) (awarding compensation where injury sustained in idiopathic fall worsened by requirement that employee stand on an 18-inch high box). The commission found that "from the distance fallen and the injuries sustained that the stairwell" created an added risk of injury. Evidence that the stairs were steel, industrial, rough, grooved, and not for public use, that the floor was concrete, and that the employee fell backwards on his head, supported the commission's finding.
The Supreme Court's decision in Chesterfield County v. Johnson does not, as the employer contends, bar compensation for all unexplained falls on stairs. In Johnson, "the stairs had nothing to do with [the employee's] injury. He was injured by the mere act of turning," when he twisted his knee. Johnson, 237 Va. at 186, 376 S.E.2d at 76. Unlike Johnson, the stairs did have something to do with this employee's injuries, when he, without explanation, fell down them and landed head first on the concrete floor.
Thus, the evidence supported the commission's finding that the employee's injury arose out of his employment.
Misrepresentation
A false representation on an employment application bars a claim for compensation benefits "upon proof by the employer that: (1) the employee knew that the representation was false; (2) the employer relied upon the . . . misrepresentation; (3) such reliance resulted in the consequent injury; and (4) there is a causal relationship between the injury in question and the false representation." Billy v. Lopez, 17 Va. App. 1, 4, 434 S.E.2d 908, 910 (1993); Grimes v. Shenandoah Valley Press, 12 Va. App. 665, 667, 406 S.E.2d 407, 409 (1991).
In this case, evidence supported the commission's finding that the employer did not rely on the employee's omission of his medical condition in hiring the employee. The commission was not persuaded by the employer's statement that he "probably" would not have hired the defendant had he known of the defendant's seizures. Further, the evidence supported the commission's finding that the employee's condition was not causally related to his injuries. The fall was unexplained and the trauma surgeon testified that he did not believe that a seizure had caused the fall.
Therefore, the award is affirmed.
Affirmed.