Cnty. of Chesterfield v. Johnson, 376 S.E.2d 73 (Va. 1989). · Go Syfert
Cnty. of Chesterfield v. Johnson, 376 S.E.2d 73 (Va. 1989). Cases Citing This Book View Copy Cite
556 citation events (268 in the last 25 years) across 6 distinct courts.
Strongest positive: Catherine B. Vidunas v. Camp Mont Shenandoah Limited (vactapp, 2025-11-05)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Catherine B. Vidunas v. Camp Mont Shenandoah Limited
Va. Ct. App. · 2025 · confidence medium
Acknowledging that distinction does not transform our “analysis into an assessment of ‘positional risk,’ which asks only if the injury occurred during the course of employment.” Bernard v. Carlson Cos.-TGIF, 60 Va. App. 400, 405 (2012) (quoting Cnty. of Chesterfield v. Johnson, 237 Va. 180, 185 (1989)).
discussed Cited as authority (rule) Camping World RV Sales, LLC, d/b/a Camping World RV Sales (TVA) v. Dennis Ocasio
Va. Ct. App. · 2025 · confidence medium
States Coop, Inc., 270 Va. 459 -7- “To qualify for workers’ compensation benefits, an employee’s injuries must result from an event ‘arising out of’ and ‘in the course of’ the employment.” Pinkerton’s, Inc. v. Helmes, 242 Va. 378, 380 (1991) (quoting Cnty. of Chesterfield v. Johnson, 237 Va. 180, 186 (1989)); see Code § 65.2-101.
discussed Cited as authority (rule) Loudoun County Public Schools v. Claudia Santi (2×) also: Cited "see, e.g."
Va. Ct. App. · 2024 · confidence medium
“A ‘critical link,’ must exist between the conditions of the workplace and the injury in order for the injury to qualify as ‘arising out of’ the employment.” Id. (quoting County of Chesterfield v. Johnson, 237 Va. 180, 186 (1989)).
discussed Cited as authority (rule) C.K. v. Inova Health Care Services, d/b/a Inova Fairfax Hospital
Va. Ct. App. · 2024 · confidence medium
While this may be true, the circuit court was correct here in noting that C.K. could—and did—find a remedy under the Workers’ Compensation Act. 8 The parties do not dispute that C.K. was assaulted in the course of her employment at Inova—only whether her injuries arose from her employment is in dispute. -7- arising ‘out of’ refers to the origin or cause of the [plaintiff’s] injury.” Cnty. of Chesterfield v. Johnson, 237 Va. 180, 183 (1989).
discussed Cited as authority (rule) Bikachi Amisi v. Roy Townsend, Jr.
4th Cir. · 2024 · confidence medium
We agree that, at bottom, Amisi’s injuries didn’t “arise out of” her employment, so we affirm the district court. 21 USCA4 Appeal: 21-1962 Doc: 39 Filed: 02/22/2024 Pg: 22 of 25 “The phrase arising out of refers to the origin or cause of the [plaintiff’s] injury.” County of Chesterfield v. Johnson, 376 S.E.2d 73, 74 (Va. 1989) (cleaned up).
discussed Cited as authority (rule) Bikachi Amisi v. Lakeyta Brooks
4th Cir. · 2024 · confidence medium
We agree that, at bottom, Amisi’s injuries didn’t “arise out of” her employment, so we affirm the district court. 21 USCA4 Appeal: 21-1960 Doc: 41 Filed: 02/22/2024 Pg: 22 of 25 “The phrase arising out of refers to the origin or cause of the [plaintiff’s] injury.” County of Chesterfield v. Johnson, 376 S.E.2d 73, 74 (Va. 1989) (cleaned up).
cited Cited as authority (rule) Katherine Hazelwood, Administrator v. Via Satellite, Inc.
Va. Ct. App. · 2021 · confidence medium
Id. (quoting Cnty. of Chesterfield v. Johnson, 237 Va. 180, 186 (1989)).
examined Cited as authority (rule) Kenneth Reynolds v. Falletta Enterprises, Inc. (3×) also: Cited "see"
Va. Ct. App. · 2021 · confidence medium
Comm’n v. Hale, 43 Va. App. 379, 384 (2004) (quoting Cnty. of Chesterfield v. Johnson, 237 Va. 180, 183 (1989)).
discussed Cited as authority (rule) Amisi v. Brown (2×) also: Cited "see"
E.D. Va. · 2020 · confidence medium
That an injury occurs at work “adds nothing and answers nothing, when the inquiry is, did the injury arise out of the employment.” Cnty. of Chesterfield v. Johnson, 376 S.E.2d 73, 76 (Va. 1989).
discussed Cited as authority (rule) Farrish of Farifax and Vada Group Self-Insurance Association v. Mark Faszcza
Va. Ct. App. · 2020 · confidence medium
Southside Va. Training Ctr./Commonwealth of Va. v. Shell, 20 Va. App. 199, 202 (1995) (quoting County of Chesterfield v. Johnson, 237 Va. 180, 184 (1989)). “[I]f the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment,” the injury arose out of the employment.
discussed Cited as authority (rule) James Madison University/Commonwealth of Virginia v. Irma D. Housden (2×) also: Cited "see"
Va. Ct. App. · 2020 · confidence medium
Bernard, 60 Va. App. at 407 (noting that in cases involving tripping on workplace steps, an injury is generally only compensable if the steps are “‘unusual’ because they are ‘slightly higher than normal’ or otherwise peculiar” and thus “present an enhanced risk, qualitatively different from the steps most people walk up and down on and off the job” (quoting County of Chesterfield v. Johnson, 237 Va. 180, 185-86 (1989))).
cited Cited as authority (rule) Mohammad Sorour v. Avalon Transportation, LLC and Insurance Company of the West
Va. Ct. App. · 2019 · confidence medium
Accordingly, this misstatement of the record is not before us. -3- phrase arising ‘out of’ refers to the origin or cause of the injury.” Cty. of Chesterfield v. Johnson, 237 Va. 180, 183 (1989).
discussed Cited as authority (rule) Michael Effler v. Cardinal Logistics Management Corp. & Sedgwick Claims Management Services, Inc.
Va. Ct. App. · 2019 · confidence medium
As the Virginia Supreme Court has made clear, the General Assembly did not adopt “the positional risk test used in other jurisdictions where simply being injured at work is sufficient to establish compensability.” Cty. of Chesterfield v. Johnson, 237 Va. 180, 185 (1989). -8- We lack the authority to grant appellant’s request that we ignore binding precedent.
discussed Cited as authority (rule) Cary O'Donoghue v. United Continental Holdings, Inc. and United Airlines, Inc. (2×) also: Cited "see, e.g."
Va. Ct. App. · 2019 · confidence medium
The phrase arising ‘out of’ refers to the origin or cause of the injury.” Va. Emp’t Comm’n v. Hale, 43 Va. App. 379, 384 (2004) (quoting Cty. of Chesterfield v. Johnson, 237 Va. 180, 183 (1989)). -5- It is undisputed in this appeal that the claimant’s injuries arose “in the course of” his employment.
discussed Cited as authority (rule) County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Brooke Collawn
Va. Ct. App. · 2018 · confidence medium
To establish that her injury arose from her employment, claimant had the burden to prove more than the injury occurred while she was at work, Cty. of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 76 (1989); she had to prove that the injury resulted from an “actual risk” of her employment.
discussed Cited as authority (rule) Dean McCluster, d/b/a McCluster Construction & Auto-Owners Insurance Company v. Virgillio Baltazar
Va. Ct. App. · 2017 · confidence medium
To determine causality, “Virginia employs the ‘actual risk test.’” Dan River, Inc. v. Giggetts, 34 Va. App. 297, 304 , 541 S.E.2d 294, 297 (2001) (quoting Cty. of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75 (1989)).
discussed Cited as authority (rule) AV Automotive and VADA Group Self-Insurance Association v. Yahia Mohammed (2×)
Va. Ct. App. · 2017 · confidence medium
“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).
discussed Cited as authority (rule) Jennifer Yvonne Kelley v. Monticello Area Community Action Agency
Va. Ct. App. · 2016 · confidence medium
It has long been recognized that, “[e]ven though the employer provided the steps, and encouraged the employee to use them, if there is ‘nothing unusual about or wrong with the steps,’ an employee who trips over them cannot show the accident ‘arose out of’ the employment.” Id. at 407 , 728 S.E.2d at 511 (quoting County of Chesterfield v. Johnson, 237 Va. 180, 185-86 , 376 S.E.2d 73, 76 (1989)); see also Southside Va. Training Ctr. v. Ellis, 33 Va. App. 824, 829 , 537 S.E.2d 35, 37 (2000) (holding that “[s]imple acts of walking, bending, or turning, without any other contributing e…
discussed Cited as authority (rule) Arsenio Mojares v. RK Chevrolet, Inc. and VADA Group Self-Insurance Association
Va. Ct. App. · 2016 · confidence medium
“An employee who trips while walking up a staircase at work cannot recover compensation unless something about the steps (or some other condition of the workplace) presented a hazard or danger peculiar to the worksite.” Bernard v. Carlson Cos. - TGIF, 60 Va. App. 400, 407 , 728 S.E.2d 508, 511 (2012). “[I]f there is ‘nothing unusual or wrong with the steps,’ an employee who trips over them cannot show the accident ‘arose out of’ the employment.” Id. (quoting Cty. of Chesterfield v. Johnson, 237 Va. 180, 185-86 , 376 S.E.2d 73, 76 (1989)).
cited Cited as authority (rule) James Rush v. University of Virginia Health System/Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Cnty. of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75-76 (1989).
examined Cited as authority (rule) Estate of Jose Fidel Arroyo v. Carlos Ramirez and Auto Owners Insurance Company (5×) also: Cited "see, e.g."
Va. Ct. App. · 2015 · confidence medium
Cnty. of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75-76 (1989).
cited Cited as authority (rule) Dollar Tree Stores, Inc. and Arch Insurance Company v. Elizabeth A. Wilson
Va. Ct. App. · 2014 · confidence medium
Cnty. of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75-76 (1989).
cited Cited as authority (rule) Virginia Tree Harvesters, Inc. v. George W. Shelton
Va. Ct. App. · 2013 · confidence medium
County of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75 (1989).
examined Cited as authority (rule) Samantha P. Dianna v. Colonial Williamsburg Company and Colonial Williamsburg Foundation (3×) also: Cited "see, e.g."
Va. Ct. App. · 2013 · confidence medium
County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
discussed Cited as authority (rule) Capital Area Pediatrics, Inc. and Twin City Fire Insurance Company v. Sharon Deann Eken
Va. Ct. App. · 2013 · confidence medium
Certainly, “[i]n order for an injured worker to recover under the Act, he must prove an injury by accident ‘arising out of and in the course of the employment.’” County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989) (quoting then Code § 65.1-7).
cited Cited as authority (rule) Giant Food LLC and Indemnity Insurance Company of North America v. Juliet
Va. Ct. App. · 2013 · confidence medium
“The phrase arising ‘out of’ refers to the origin or cause of the injury.” Cnty. of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
discussed Cited as authority (rule) Madiha Gobashi v. Fairfax County Public Schools
Va. Ct. App. · 2012 · confidence medium
By statute, the commission’s factual findings are conclusive and binding on this Court when those findings are based on credible evidence.” City of Waynesboro v. Griffin, 51 Va. App. 308, 312 , 657 S.E.2d 782, 784 (2008) (citation omitted). -3- In assessing whether an injury arises out of employment, Virginia follows the “actual risk” doctrine which “excludes ‘an injury which comes from a hazard to which the employee would have been equally exposed apart from the employment.’” Taylor v. Mobil Corp., 248 Va. 101, 107 , 444 S.E.2d 705, 708 (1994) (quoting Cnty. of Chesterfield v.…
cited Cited as authority (rule) CJW Medical Center and ACE American Insurance Company v. Michelsha Wallace
Va. Ct. App. · 2012 · confidence medium
Our cases strive “to maintain the distinction between arising ‘out of’ and arising ‘in the course of’ employment.” Cnty. of Chesterfield v. Johnson, 237 Va. 180, 186 , 376 S.E.2d 73, 76 (1989).
discussed Cited as authority (rule) Michael BERNARD v. CARLSON COMPANIES-TGIF and Indemnity Insurance Company of North America (2×)
Va. Ct. App. · 2012 · confidence medium
No matter how tempting it is to conflate the two concepts, we must be vigilant “to maintain the distinction between arising ‘out of and arising ‘in the course of employment.” Cnty. of Chesterfield v. Johnson, 237 Va. 180, 186 , 376 S.E.2d 73, 76 (1989).
discussed Cited as authority (rule) Lisa Jennings v. Richmond Public Schools and Sedgwick Claims Management Services, Inc. (2×)
Va. Ct. App. · 2012 · confidence medium
Co. v. Harris, 22 Va. App. 215, 221 , 468 S.E.2d 688, 691 (1996)). -4- We adhere to the “distinction between arising ‘out of’ and arising ‘in the course of’ employment.” Cnty. of Chesterfield v. Johnson, 237 Va. 180, 186 , 376 S.E.2d 73, 76 (1989).
discussed Cited as authority (rule) Robert Whitt v. Halliburton Energy Services, Inc. and Ace American Insurance Company
Va. Ct. App. · 2012 · confidence medium
Hence, we need not address the other two elements. “‘The phrase arising “in the course of” [employment] refers to the time, place, and circumstances under which the accident occurred.’” Combs v. Va. Elec. & Power Co., 259 Va. 503, 511 , 525 S.E.2d 278, 283 (2000) (alteration in original) (quoting Cnty. of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989)). “‘An accident occurs “in the course of the employment” when it takes place within the period of the employment, at a place where the employee may reasonably be, and while he is reasonably fulfilling dut…
discussed Cited as authority (rule) Maria Estela Rodrigues v. Arlington County Schools and Virginia Group Self-Insurance Association
Va. Ct. App. · 2012 · confidence medium
“Claimant must prove by a preponderance of the evidence that [s]he has satisfied each requirement.” Id. 3 “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)].
cited Cited as authority (rule) Jamie Lee Dovell v. Coffeewood Correctional Center/Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
“The phrases arising ‘out of’ and arising ‘in the course of’ are separate and distinct.” County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
discussed Cited as authority (rule) Harriet Puller, Widow, on Behalf of the Estate of John A. Puller v. Fairfax (County of) School Board (2×)
Va. Ct. App. · 2011 · confidence medium
The condition “‘must be peculiar to the work [and] incidental to the character of the business.’” Id. (quoting County of Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989)).
cited Cited as authority (rule) Wythe County Community Hospital and Travelers Indemnity Company of America v. Donna Turpin
Va. Ct. App. · 2011 · confidence medium
County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
discussed Cited as authority (rule) Frank James Moorefield, Jr. v. Boxco, Inc. and Erie Insurance Exchange
Va. Ct. App. · 2011 · confidence medium
The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.’” Chesterfield v. Johnson, -3- 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Serv. v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)). “[T]o be entitled to an award arising from an assault, a claimant must establish ‘that the assault was directed against him as an employee or because of his employment.’” Smithfield Packing Co. v. Carlton, 29 Va. App. 176, 181 , 510 S.E.2d 740, 742 (1999) (quoting…
cited Cited as authority (rule) Dominion Virginia Power and Dominion Resources, Inc. v. Betty J. Pulley
Va. Ct. App. · 2011 · confidence medium
The phrase arising “out of” refers to the origin or cause of the injury. -4- Cnty. of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
discussed Cited as authority (rule) Justin Maas v. Loudoun County and Wells Fargo Disability Management
Va. Ct. App. · 2011 · confidence medium
Instead, the employee must show that his injury resulted from an ‘actual risk’ of the employment.” Id. at 313 , 657 S.E.2d at 784 (citation omitted) (quoting County of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75 (1989)).
discussed Cited as authority (rule) Wayne Smith v. Rockingham (County of) and Virginia Association of Counties Group Self-Insurance
Va. Ct. App. · 2011 · confidence medium
“An injury arises out of the employment when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection -3- between the conditions under which the work is required to be performed and the resulting injury.” K&G Abatement Co. v. Keil, 38 Va. App. 744, 756 , 568 S.E.2d 416, 422 (2002) (citation and internal quotation marks omitted). “‘The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.’” Id. (quoting Chesterfield v. Johnson, 237 Va. 180, 183…
cited Cited as authority (rule) GREEN HAND NURSERY, INC. v. Loveless
Va. Ct. App. · 2009 · confidence medium
County of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75 (1989).
cited Cited as authority (rule) Haley v. Springs Global U.S., Inc.
Va. Ct. App. · 2009 · confidence medium
Id. at 186, 376 S.E.2d at 76 .
discussed Cited as authority (rule) Clifton v. Clifton Cable Contracting, L.L.C.
Va. Ct. App. · 2009 · confidence medium
The condition “must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.” Id. (quoting County of Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989)).
discussed Cited as authority (rule) Delores Gaston v. Yuill Black, M.D. and Michael R. Kletz, M.D., P.C.
Va. Ct. App. · 2009 · confidence medium
In order for an injury to arise out of employment, it must be the result of a “‘condition of the workplace.’” Jones v. Colonial Williamsburg Foundation, 10 Va. App. 521, 522 , 392 S.E.2d 848, 849 (1990) (en banc) (quoting County of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 76 (1989)). -2- Generally, “‘an employee going to or from the place where his work is to be performed is not engaged in performing any service growing out of and incidental to his employment.’” Boyd’s Roofing Co., Inc. v. Lewis, 1 Va. App. 93, 94 , 335 S.E.2d 281, 282 (1985) (quoting Kent v…
discussed Cited as authority (rule) City of Waynesboro v. Griffin (2×)
Va. Ct. App. · 2008 · confidence medium
County of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 75 (1989).
discussed Cited as authority (rule) Denise Sutton v. Speedy's Petroleum, Inc. and Uninsured Employer's Fund
Va. Ct. App. · 2008 · confidence medium
The condition “must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.” Id. (quoting County of Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989)).
cited Cited as authority (rule) Rivanna Water & Sewer Authority & v. Rose Lafleur
Va. Ct. App. · 2007 · confidence medium
Express Corp., 41 Va. App. 130, 133-34 , 583 S.E.2d 56, 58 (2003) (quoting County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989)).
cited Cited as authority (rule) County of Washington Social Services and v. Betty Severt Rouse
Va. Ct. App. · 2007 · confidence medium
“The phrase ‘in the course of’ refers to the time, place and circumstances under which the accident occurred.” County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
cited Cited as authority (rule) TBC CORPORATION v. Stephens
Va. Ct. App. · 2007 · confidence medium
“The phrase ‘in the course of refers to the time, place and circumstances under which the accident occurred.” County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
cited Cited as authority (rule) Heritage Hall and Security Insurance Company of Hartford v. Tina Crabtree
Va. Ct. App. · 2005 · confidence medium
County of Chesterfield v. Johnson, 237 Va. 180, 183 , 376 S.E.2d 73, 74 (1989).
cited Cited as authority (rule) Estate of Ralph Helton v. Elk Garden Cattle Company and Virginia Farm Bureau Fire
Va. Ct. App. · 2005 · confidence medium
In Virginia, “simply being injured at work is [not] sufficient to establish compensability.” County of Chesterfield v. Johnson, 237 Va. 180, 185 , 376 S.E.2d 73, 76 (1989).
Retrieving the full opinion text from the archive…
County of Chesterfield
v.
Calvin L. Johnson
Record 871113.
Supreme Court of Virginia.
Jan 13, 1989.
376 S.E.2d 73
1989 Va. LEXIS 14
Jeffrey L. Mincks, Senior Assistant County Attorney (Steven L. Micas, County Attorney; Gary K. Oldehoff, Assistant County Attorney, on briefs), for appellant., Malcolm Parks, III (Maloney, Yeatts & Barr, P.C., on brief), for appellee.
Carrico, Compton, Poff, Russell, Stephenson, Thomas, Whiting.
Cited by 178 opinions  |  Published
THOMAS, J.,

delivered the opinion of the Court.

This is an appeal from the Court of Appeals in a worker’s compensation case in which the sole issue was whether the injured worker’s injuries arose out of his employment, within the meaning of the Worker’s Compensation Act (the Act). The Industrial Commission (the Commission) held that the injuries complained of did not arise out of the employment. The Court of Appeals reversed. We granted the appeal because we deem it to be of significant precedential value to determine whether the decision by the Court of Appeals impermissibly blends together the separate and distinct concepts of arising “out of’ and arising “in the course[*182] of’ employment as those terms are used in the Act. See Code § 17-116.07B.

The facts found by the Commission served as the basis of the Court of Appeals’ decision. Those facts are as follows: Calvin L. Johnson, who was employed as a water filter operator in a Chesterfield County water treatment plant, accidentally injured his knee while at work on October 4, 1985. Johnson had descended steps to the basement of the plant to turn off certain pumps. As he started to leave the basement, he remembered — just as he got to the first step on the stairs — that he needed to check a certain meter to insure that it was functioning properly. He turned around on the first step to go back to the equipment. As he turned, his knee gave way and he fell to the floor.

Johnson did not slip, trip, stumble, or take an awkward step when his knee gave way. His knee gave way before he fell. When he fell, there was no evidence that he struck his knee. The steps were not defective. They were well-lighted. Johnson was wearing safety shoes which, according to him, hurt his feet but he gave “no explanation as to how this caused his knee to give way.”

The Commission concluded further that Johnson “sustained the injury before there was any fall.” The Commission also stated that “in the case now before us we do not find any [risks inherent in the employment environment] that have contributed to the employee’s knee giving way prior to the fall.”

The Court of Appeals reversed the Commission decision on the ground that the Commission had misapplied the law. Johnson v. Chesterfield County, 5 Va. App. 15, 359 S.E.2d 833 (1987). After reviewing the pertinent cases, the Court of Appeals stated that “where in the furtherance of his employment the employee is exposed to a hazard which causes him injury, his injury is a cost of doing that business and is, therefore, compensable.” Id. at 20, 359 S.E.2d at 836. The Court of Appeals also stated that “[a]n injury arises out of the employment even if the employment does not enhance or increase the degree of the specific risk to which the employee is exposed. An injury is compensable so long as the risk causing the injury is produced by the employment.” Id.

According to the Court of Appeals, the Commission made a mistake of law when the Commission said “that there were no ‘risks in traversing the steps . . . inherent in the employment environment’ ” because that statement suggests “a need to prove that the employment created a greater degree of risk in ‘traversing the[*183] steps.’ ” Id. The Court of Appeals stated further that the “employee was only required to show that his employment required him to use the steps as he did and that this, not some unknown cause, caused the injury to his knee.” Id.

The Court of Appeals stated that “[tjhere is no question that the employee was on the mission of his employer when he found it necessary to turn around on the stairway which he was ascending. The attending physician reported that the employee’s knee injury resulted from a twist type injury to his right knee at work. This was unrebutted evidence of a causal connection between the employee’s work and the injury.” Id. at 20-21, 359 S.E.2d at 836.

In order for an injured worker to recover under the Act, he must prove an injury by accident “arising out of and in the course of the employment.” Code § 65.1-7 (emphasis added). The phrases arising “out of’ and arising “in the course of’ are separate and distinct. We have long held that they mean different things and that proof of both is essential to recovery under the Act. See Bradshaw v. Aronovitch, 170 Va. 329, 335, 196 S.E. 684, 686 (1938). The phrase arising “in the course of’ refers to the time, place, and circumstances under which the accident occurred. The phrase arising “out of’ refers to the origin or cause of the injury.

We have considered, in several recent cases, the specific question whether an injury arises out of the employment. In United Parcel Service v. Fetterman, 230 Va. 257, 336 S.E.2d 892 (1985), a driver for U.P.S. was in the act of unloading packages when he noticed that one of his shoelaces was untied. He raised his foot to the back of the truck and bent to tie his shoe. He felt an acute pain in his back. The Commission found the claim compensable on the ground that the work environment had something to do with the way in which the claimant went about tying his shoe and that having his shoes tied was necessary for him to continue his work. We reversed and dismissed.

In Fetterman, we said that “[a]n 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.” Id. at 258, 336 S.E.2d at 893. We said further that the arising out of test excludes “an injury which comes from a hazard to which the employee would have been equally exposed apart from the employment. The causative danger must be peculiar to the work, incidental to the character of the[*184] business, and not independent of the master-servant relationship.” Id. at 258-59, 336 S.E.2d at 893. We rejected Fetterman’s claim because in our opinion, “the act of bending over to tie the shoe was unrelated to any hazard common to the workplace. In other words, nothing in the work environment contributed to the injury. Every person who wears laced shoes must occasionally perform the act of retying the laces.” Id. at 259, 336 S.E.2d at 893.

The sole issue in Central State Hospital v. Wiggers, 230 Va. 157, 335 S.E.2d 257 (1985), was whether the injury complained of arose out of the employment. There, a clerk at Central State Hospital arose from her desk and walked ten steps to an adjoining office to answer the phone. Just as she reached for the phone, her right ankle twisted. We pointed out that the claimant did not contend that she slipped, tripped, stumbled or fell, but only that she twisted her ankle while walking normally. The Commission made an award on the basis that the claimant twisted her ankle while walking on a floor made slippery by some unknown substance. We said there was no evidence of any substance on the floor. We reversed the Commission and entered final judgment for the employer on the ground that the claimant had failed to establish a causal connection between her work environment and her injury. Id. at 159-60, 335 S.E.2d at 257.

In Richmond Mem. Hosp. v. Crane, 222 Va. 283, 278 S.E.2d 877 (1981), a nurse stood up from a chair and began to walk straight ahead. She took her first step with her left foot. When she stepped with her right foot, she felt something snap in the lower back portion of her right leg. The employer conceded that the injury occurred in the course of employment; it argued, however, that the injury was not shown to have arisen out of the employment. The Commission found in favor of the injured employee. On appeal, we reversed and entered final judgment for the employer. We pointed out that the claimant neither slipped, tripped, stumbled, or fell. Her injury occurred while she was walking along a level, clean, unobstructed, well-lit corridor. On those facts, we concluded that nothing in her work environment contributed to her injury. Id. at 286, 278 S.E.2d at 879.

Johnson’s case does not differ from Fetterman, Wiggers, and Crane. It suffers from the same essential failing. Johnson nowhere shows that his work environment contributed to his injury.

Here, Johnson failed to establish any connection between the steps and his injury. The injury could just as well have oc[*185] curred upon a turn on the floor. In oral argument, Johnson’s counsel was asked whether the injury would have been compensable had Johnson made his turn on the floor instead of upon a step. He said, “yes.” In our opinion, this response points out a fundamental misunderstanding of the “arising out of ” factor in workers’ compensation cases in the Commonwealth. In Virginia, we apply the “actual risk” test to determine whether workplace injuries are compensable. See Olsten v. Leftwich, 230 Va. 317, 336 S.E.2d 893 (1985). We do not apply the positional risk test used in other jurisdictions where simply being injured at work is sufficient to establish compensability. See City of Richmond v. Braxton, 230 Va. 161, 355 S.E.2d 259 (1985). By Johnson’s approach, the conditions of the work place are irrelevant to recovery; recovery is appropriate merely because the employee is there, on the job. This is not the law.

The Court of Appeals found that the injury arose out of the employment for two reasons: first, because Johnson was on a mission of his employer when he found it necessary to turn around; second, because the twist-type injury was sustained at work. Being on the employer’s mission has nothing to do with the conditions of the workplace. It has to do with being in the course of employment. In Fetterman, the injured employee was actually in the process of moving packages when he paused to tie his shoelaces. With his shoelaces untied, Fetterman could not have properly made his deliveries. He was plainly on his employer’s mission. Nevertheless, untied shoelaces simply had nothing whatever to do with the conditions under which he was required to work.

The fact that the injury occurred at work adds nothing and answers nothing, when the inquiry is, did the injury arise out of the employment. It simply helps prove the “in the course of ” prong of the compensability test. But, here, that issue was never in dispute.

Johnson relies upon Reserve Life Ins. Co. v. Hosey, 208 Va. 568, 159 S.E.2d 633 (1968), a case cited by the Court of Appeals. However, Hosey is distinguishable from the instant case. There, the claimant was making a door-to-door survey for her insurance company. She was walking up the steps to one of the houses she was assigned to visit. The steps were made from rocks and the vertical distance between each step was slightly higher than usual. As she negotiated the top step, her knee snapped. We upheld an award of compensation. The issue on appeal was whether there was credible evidence to support the Commission’s finding that[*186] Hosey was disabled by a knee injury, by accident arising out of and in the course of employment. We held that the evidence was sufficient. Id. at 572, 159 S.E.2d at 636.

In Hosey, unlike here, something was unusual about the steps on which the injury occurred. They were slightly higher than normal. Moreover, Hosey sustained an injury while she was in the act of climbing to the top step in that slightly unusual series of steps. Those facts were crucial to the decision in Hosey. See Crane, 222 Va. at 286, 278 S.E.2d at 879. Here, there was nothing unusual about or wrong with the steps at Johnson’s workplace. Further, Johnson was not injured by climbing or descending the stairs; the stairs had nothing to do with his injury. He was injured by the mere act of turning.

In its opinion in the instant case, the Court of Appeals stated that Hosey supported its conclusion of compensability because the unusual nature of the steps on which Hosey was injured was not vital to the decision. In making this statement, the Court of Appeals cited its own decision in Hercules, Inc. v. Stump, 2 Va. App. 77, 341 S.E.2d 394 (1986). The Court of Appeals is mistaken. Hosey involved an accident due in part to the unusual height of the steps. That fact formed the critical link between the conditions of the workplace and the injury. No such link exists in the instant case.

We hold, therefore, that the Court of Appeals erred in failing to maintain the distinction between arising “out of’ and arising “in the course of’ employment. Therefore, we will reverse the judgment complained of and enter final judgment for the employer.

Reversed and final judgment.