Opinion
Record No. 1676-92-3
April 13, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Henry C. Devening; Petty, Livingston, Dawson Devening, on brief), for appellant.
(M. Lanier Woodrum; Robert M. McAdam; Wooten Hart, P.C., on brief), for appellees.
Panel: Chief Judge Koontz, Judges Coleman and Bray.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Linda Paumer-Dehoniesto (claimant) appeals a decision of the Workers' Compensation Commission (commission) which denied her application for disability benefits. She contends that the commission erred in finding that her injury did not occur in the course of her employment. Upon reviewing the record and briefs of the parties, we conclude that the appeal is without merit and affirm the decision of the commission. Rule 5A:27.
The parties are fully conversant with the record and this memorandum opinion recites only those facts necessary to a disposition of the issue before the Court.
On appellate review, we must construe the evidence in the light most favorable to the party prevailing below. 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 that are supported by credible evidence are conclusive and binding upon this Court. Rose v. Red's Hitch Trailer Serv., Inc., 11 Va. App. 55, 60, 396 S.E.2d 392, 395 (1990); Commonwealth v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 532, 533 (1986). However, whether an injury occurred in the course of employment is a mixed question of law and fact, properly reviewable on appeal. Sentara Leigh Hosp. v. Nichols, 13 Va. App. 630, 633, 414 S.E.2d 426, 428 (1992) (en banc).
The record discloses that on July 27, 1991, claimant, an employee of Plastic Surgery Associates of Lynchburg, Inc. (employer), attended an "office . . . party" at the home of Dr. Timothy J. Silvester (Silvester), employer's vice-president. During the outing, she fractured her ankle while "jumping off" a trampoline owned by Silvester.
In Kim v. Sportswear, 10 Va. App. 460, 393 S.E.2d 418 (1990), this Court identified "several factors" that must be considered in deciding "whether [a] social or recreational function is so closely associated with the employment to be considered an incident of it." Id. at 465, 393 S.E.2d at 421. Here, the commission, in a thorough review opinion, properly examined and weighed these factors and concluded that the party was not an "incident" of employment. It found that the gathering was "more of a social event," "confined to employees and their families . . . with employees being free to attend or not attend and to participate to the extent that they desire[d]." This decision is supported by both the law and the evidence and will not be disturbed on appeal.
Accordingly, the action of the commission is affirmed.
Affirmed.