Opinion
Record No. 1704-92-4
June 29, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
William R. Korth (Law Offices of Francis H. Foley, on brief), for appellants.
George H. Balthrop, for appellee.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
In this workers' compensation case, Reston Homeowners Association ("Reston") appeals an award granting Sophie Nobbe medical costs and temporary total disability benefits for a fractured ankle she sustained from falling down a stairway at work. Reston contends that the commission applied an incorrect rule of law in deciding that Nobbe's injury "arose out of" her employment and that under the correct rule of law, the evidence was insufficient to prove that any defect or condition of the stairway peculiar to the workplace caused Nobbe's injury. Finding no merit in Reston's contentions, we affirm the commission's decision.
Sophie Nobbe was working as an accounting supervisor for Reston. On March 27, 1991, Nobbe, while performing her work, walked down a stairway in her office building. When she reached the fourth or fifth step, the ball of her foot missed the surface, and only her heel made contact with the carpet of the step. She fell down approximately six steps, catching herself with her left foot in such a position as to fracture her ankle in two places.
At the time of the accident, the stairway contained no obvious defects. However, after measuring the steps, Nobbe discovered that they were not uniform. The steps ranged in depth from fifteen and one-quarter inches to fourteen and one-half inches and varied in height from six and one-quarter to six and three-quarter inches. In addition, the carpeting at the edge of each step was loose, giving the appearance of having a solid step underneath when, in fact, the edge collapsed when stepped upon.
At the deputy commissioner's hearing, Reston contended that the irregularities in the stairway did not cause Nobbe's fall and, consequently, her injury did not "arise out of" her employment. In rejecting Reston's argument, the deputy commissioner based her award on two alternative legal theories. First, she relied upon a recent decision by the commission that held that all stairways in the workplace are employment risks and "[w]hen a stairway contributes to [an] accidental injury in the employment," whether it is "architecturally unusual" or not, it is "an actual risk of the employment and the injury arises out of the employment." Malik v. McDonalds MPCOPCP #05006 , VWC File No. 147-27-91 (Jan. 27, 1992).
Alternatively, the deputy commissioner found that the stairs that Nobbe fell down were irregular in height and width and that this condition contributed to Nobbe's fall and fracture of her ankle. Accordingly, the deputy commissioner concluded that, under either theory, Nobbe's injury "arose out of" her employment. Upon review, the commission affirmed the deputy commissioner's decision, ruling that, whichever of the alternative theories applied, Nobbe's injury was caused by a condition of her employment.
We have previously rejected the first theory on which the commission based its award. Stairs encountered in the course of employment are not per se actual employment risks.McDonald's Corp. v. Malik, Record No. 0399-92-4 (September 29, 1992). We, therefore, limit our review to whether the evidence supports the commission's finding that a condition of the stairway caused Nobbe to fall and fracture her ankle.
In order to prove that an injury "arose out of" one's employment, a claimant must prove "a causal connection between the conditions under which the work is required to be performed and the resulting injury." Richmond Memorial Hospital v. Crane, 222 Va. 283, 285, 278 S.E.2d 877, 878 (1981);Reserve Life Insurance Co. v. Hosey, 208 Va. 568, 571, 159 S.E.2d 633, 635 (1968). "An accident arises out of the employment when there is a causal connection between the claimant's injury and the conditions under which the employer requires the work to be performed." United Parcel Service v. Fetterman, 230 Va. 257, 258, 336 S.E.2d 892, 893 (1985). Furthermore, "[t]he causative danger must be peculiar to the work and not common to the neighborhood. It must be incidental to the character of the business and not independent of the relation of master and servant." Crane, 222 Va. at 285, 278 S.E.2d at 879. Thus, a condition of the workplace must cause or contribute to the fall, and the fall must cause the injury. County of Chesterfield v. Johnson, 237 Va. 180, 184, 376 S.E.2d 73, 75 (1989). There must be a "critical link between the conditions of the workplace and the injury." Id. at 186, 376 S.E.2d at 76. Clearly, defective conditions in the workplace are "peculiar" to the employment and "incidental to the character of the business."See Hosey, 208 Va. at 569, 572, 159 S.E.2d at 634, 636;Crane, 222 Va. at 285-86, 278 S.E.2d at 879. Thus, where defective conditions in the workplace cause the injury, the injury is deemed to "arise out of" the employment. Id.
The evidence supports the commission's finding that the condition of the stairway and irregular steps caused or contributed to cause Nobbe to fall and fracture her ankle. Findings of fact are binding on appeal when they are supported by credible evidence. Hosey, 208 Va. at 572, 159 S.E.2d at 636. The height and width of the steps at Nobbe's workplace were irregular and inconsistent. The carpet overhang on the steps extended beyond the edges of the steps, giving the appearance that a solid step was underneath. When Nobbe descended the stairway, she put her foot out and felt nothing underneath. She fell down six stairs, landed on her ankle in a twisted position, and fractured her ankle in two places. An injury sustained in a slip, trip, or fall caused by a condition of the workplace, as in Nobbe's case, arises out of one's employment. The evidence supports the commission's finding that Nobbe's fall was caused by the irregularities in the steps. Accordingly, we affirm the commission's award.
Affirmed.