COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Frank
A C M AND
ST. PAUL GUARDIAN INSURANCE CO.
MEMORANDUM OPINION*
v. Record No. 1500-99-2 PER CURIAM
FEBRUARY 22, 2000
ISABEL MARTINEZ
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(R. Ferrell Newman; Thompson, Smithers,
Newman, Wade & Childress, on brief), for
appellants.
(Jeremy C. Sharp; Geoffrey R. McDonald &
Associates, on brief), for appellee.
A C M and its insurer (hereinafter referred to as
"employer") contend that the Workers' Compensation Commission
(commission) erred in finding that Isabel Martinez (claimant)
proved that she sustained an injury by accident arising out of
her employment on October 9, 1997. Upon reviewing the record
and the briefs of the parties, we conclude that this appeal is
without merit. Accordingly, we summarily affirm the
commission's decision. See Rule 5A:27.
On appeal, we view the evidence in the light most
favorable to the prevailing party below. See R.G. Moore Bldg.
Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
(1990). A finding by the commission that an injury did or did
not arise out of the employment "is a mixed question of law and
fact and is, thus, reviewable on appeal." Jones v. Colonial
Williamsburg Found., 8 Va. App. 432, 434, 382 S.E.2d 300, 301
(1989). 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, claimant must
"show that the conditions of the workplace . . . caused the
injury." Plumb Rite Plumbing Serv. v. Barbour, 8 Va. App. 482,
484, 382 S.E.2d 305, 306 (1989).
Claimant testified that on October 9, 1997, she fell while
ascending aluminum steps outside a trailer where employer stored
cleaning materials that claimant needed in order to perform her
work. It had rained approximately one hour before the accident
and, according to claimant's undisputed testimony, the steps
were wet from the rain, which caused her to slip and fall. She
specifically stated, "Yes, they was wet, that is why I slipped
on it."
The surface of each stair was covered with holes punched up
from underneath, which created a raised jagged surface.
However, there were no holes within one inch of the front edge
of the stair where the tread met the riser. Claimant stated
that she had not placed her entire foot on the stair's tread,
but rather just the front part of the bottom of her foot was on
the edge of the stair when her foot slipped, causing her to
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strike her knee on the stair and fall backwards injuring her
back and knee.
Claimant's testimony constitutes credible evidence to
support the commission's findings that the claimant "slipped on
wet stairs, and her injury therefore arises out of her
employment." It was the nature of claimant's employment that
placed her on the wet steps, which resulted in her fall. In
other words, credible evidence proved that the conditions of the
workplace, i.e., the wet stairs, caused the claimant's injury.
Accordingly, we affirm the commission's decision.
Affirmed.
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