Opinion
Record No. 1591-92-3
December 22, 1992
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Bruce B. Williams, pro se, on brief).
No brief for appellee.
Present: Judges Baker, Elder and Fitzpatrick.
Pursuant to Code § 17-116.010 this opinion is not designated publication.
Upon reviewing the record, the opening brief and appellee's Motion for Summary Disposition under Rule 5A:27, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Worker's Compensation Commission. Rule 5A:27.
The dispositive issue on this appeal is whether Bruce B. Williams' injury arose out of his employment. A finding by the commission that an injury did or did not arise out of and in the course of employment is a mixed finding of law and fact and is properly reviewable on appeal. City of Richmond v. Braxton, 230 Va. 161, 163-64, 335 S.E.2d 259, 261 (1985). The phrase arising `out of' refers to the origin or cause of the injury.County of Chesterfield v. Johnson, 237 Va. 180, 183, 376 S.E.2d 73, 74 (1989). To prevail, Williams must "show that the conditions of the workplace or that some significant work related exertion caused the injury." Plumb Rite Plumbing Serv. v. Barbour, 8 Va. App. 482, 484, 382 S.E.2d 305, 306 (1989).
Here, the deputy commissioner summarized the pertinent facts in her December 13, 1991 opinion as follows:
Mr. Williams testified that on January 4, 1991, at about 10:00 a.m., he was on a break in a side room by the cafeteria, making a personal telephone call. The telephone was one of three sitting on a desk for employees to use during break. Mr. Williams was sitting in a chair at the desk. He suddenly got a sharp pain in the right side of his head. He grabbed his head, and the next thing he knew he was on the floor. He contended that he injured his lower back, side, and shoulder in the fall. He sought medical attention at the Alexandria Hospital Emergency Department the same day.
Based on these facts the commission was justified in concluding that Williams failed to present credible evidence establishing that his injury arose out of the employment. There was no evidence to indicate that any condition of Williams' workplace caused his injury, nor was there evidence of any work-related exertion. The record reveals that Williams' head pain was apparently caused by a pre-existing physical weakness or disease unrelated to his employment. "The mere happening of an accident at the workplace, not caused by any work related risk or significant work related exertion, is not compensable."Plumb Rite Plumbing Serv., 8 Va. App. at 484, 382 S.E.2d at 306.
Because our ruling on the "arising out of" issue disposes of this appeal, we need not address the remaining issues presented in the opening brief. For the reasons stated, we affirm the commission's decision.
Affirmed.