336 S.E.2d at 893 Defining when an accident arises out of employment53 citing casesAn 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.
- GP Big Island, LLC v. Brandon D. Creasey, No. 0273143 (Va. Ct. App. Nov. 18, 2014).unpublished (An accident arises out of the employment when there is a causal connection between the claimant’s injury and the conditions under which the employer requires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.)
- Stillwell v. Lewis Tree Serv., Inc., 624 S.E.2d 681 (Va. Ct. App. 2006).published (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.)
- Kjellstrom & Lee, Inc. v. Saunders, 594 S.E.2d 281 (Va. Ct. App. 2004).published (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.)
- Combs v. Virginia Elec. & Power Co., 525 S.E.2d 278 (Va. 2000).published (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.)
- Cnty. of Henrico & VA Ass'n of Counties Grp. Self-Ins. Risk Pool v. Brooke Collawn, No. 0406182 (Va. Ct. App. Oct. 16, 2018).unpublished“a hazard to which the employee would have been equally exposed apart from the employment”
- Jamilla Burney-Divens v. Cmty. Corr. Admin./Commonwealth of Virginia, No. 1588152 (Va. Ct. App. May 3, 2016).unpublishedIn contrast, an employee’s injuries may be compensable if she can establish that the accident arose out of the employment by demonstrating “a causal connection between the claimant’s injury and the conditions under which the employer requi…
- James Rush v. Univ. of Virginia Health Sys./Commonwealth of Virginia, 769 S.E.2d 717 (Va. Ct. App. 2015).publishedCorp. v. Herndon, 59 Va.App. 544, 556 , 721 S.E.2d 32, 38 (2012) (alteration in original) (quoting United Parcel Serv. of Am. v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985)).
- Joyce Vick v. Hampton Roads Transit, No. 1467141 (Va. Ct. App. Mar. 24, 2015).unpublishedTreatment Ctr. v. Henderson, 20 Va. App. 477, 480 , 458 S.E.2d 301, 303 (1995) (quoting UPS v. Fetterman, 230 Va. 257, 259 , 336 S.E.2d 892, 893 (1985)).
- Charter Oak Fire Ins. Co. v. Gregory Morgan & Sandra Caudill, No. 1100142 (Va. Ct. App. Feb. 24, 2015).unpublished“It thus makes no difference that ‘we would have decided the fact[s] differently,’ . . . because the statute authorizes the commission to adopt whatever view of the evidence it considers ‘most consistent with reason and justice[.]’” Thorpe…
- Est. of Jose Fidel Arroyo v. Carlos Ramirez & Auto Owners Ins. Co., No. 1282141 (Va. Ct. App. Feb. 3, 2015).unpublishedCorp. v. Herndon, 59 Va. App. 544, 556 , 721 S.E.2d 32, 38 (2012) (quoting United Parcel Serv. of Am. v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985)).
Show 41 more citing cases
- Stephen Hersl v. United Airlines, Inc., No. 0278144 (Va. Ct. App. Oct. 21, 2014).unpublishedAlthough the employee could not remember falling, this Court held that, because the employee’s fall “was a result of the work environment and the fall from height caused his injuries, he has established the ‘causal connection between the .…
- Associated Aluminum Prods. & v. Silvestre Elvira-Menez, No. 2301132 (Va. Ct. App. Sept. 16, 2014).unpublished“An accident occurs during the course of the employment if it takes place within the period of employment, at a place where the employee may reasonably be expected to be, and while the employee is reasonably fulfilling the duties of the em…
- Christopher Alexander Snyder v. City of Richmond Police Dep't, 748 S.E.2d 650 (Va. Ct. App. 2013).published Treatment Ctr. v. Henderson, 20 Va. App. 477, 480 , 458 S.E.2d 301, 303 (1995) (quoting United Parcel Service v. Fetterman, 230 Va. 257, 259 , 336 S.E.2d 892, 893 (1985)) (holding that because appellant’s job responsibilities included watc…
- Michael BERNARD v. CARLSON COMPANIES-TGIF & Indem. Ins. Co. of North Am., 728 S.E.2d 508 (Va. Ct. App. 2012).published To this end, 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…
- Lisa Jennings v. Richmond Pub. Schs. & Sedgwick Claims Mgmt. Servs., Inc., No. 2497112 (Va. Ct. App. June 26, 2012).unpublishedOf Am. v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985))).
- G. C. Constr., L.L.C. & Tech. Ins. Co. v. Gerson Cruz, No. 1245114 (Va. Ct. App. Mar. 6, 2012).unpublished“Excluded [from compensation under the Act] is an injury which comes from a hazard to which the employee would have been equally exposed apart from the employment”
- Carey Addison Constr. Co., Inc. v. Gary Herndon, No. 0943113 (Va. Ct. App. Feb. 7, 2012).published“[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”
- Sherry Clark Home Improvement v. Gary Herndon, 721 S.E.2d 32 (Va. Ct. App. 2012).published“[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”
- Liberty Mut. Ins. Corp. v. Gary Herndon, No. 0936113 (Va. Ct. App. Feb. 7, 2012).published“[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”
- Wythe Cnty. Cmty. Hosp. & Travelers Indem. Co. of Am. v. Donna Turpin, No. 0208113 (Va. Ct. App. Oct. 4, 2011).unpublished“the causal connection between the claimant’s injury and the conditions under which the employer require[d] the work to be performed”
- Frank James Moorefield, Jr. v. Boxco, Inc. & Erie Ins. Exch., No. 0559113 (Va. Ct. App. Aug. 30, 2011).unpublishedThe 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…
- Sears Roebuck & Co. v. Brian Martin, No. 2168103 (Va. Ct. App. May 10, 2011).unpublished“an injury which comes from a hazard to which the employee would have been equally exposed apart from the employment”
- Town & Country Animal Hosp. & Am. Home Assurance Co. v. Sean R. Deardorff, No. 0047084 (Va. Ct. App. June 10, 2008).unpublishedThe event must appear to have -4- had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.” Nurses 4 You, Inc. v. Ferris, 49 Va. App. 332, 340 , 641 S.E.2d 129, 133 (2007) (quot…
- Nurses 4 You, Inc. v. Ferris, 641 S.E.2d 129 (Va. Ct. App. 2007).publishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985) (per curiam).
- Noah Horn Well Drilling v. Donald J. Blanken, No. 3158023 (Va. Ct. App. Oct. 7, 2003).unpublished"An injury arises out of the employment when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting…
- James A Crews v. Gateway 2000, No. 1381021 (Va. Ct. App. Feb. 19, 2003).unpublished“The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship”
- Mega Contractors, Inc v. John Thomas Burrell, No. 1843022 (Va. Ct. App. Feb. 4, 2003).unpublishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985) (internal citations omitted). "[The Workers' Compensation Act] has always required the claimant to carry the burden of proving, by a preponderance of the…
- VFP, INC. v. Shepherd, 572 S.E.2d 510 (Va. Ct. App. 2002).published“hazard to which the employee would have been equally exposed apart from his employment”
- K & G Abatement Co. v. Keil, 568 S.E.2d 416 (Va. Ct. App. 2002).publishedThe 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, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting Uni…
- Clinton Felton Jefferson v. Servitex, Inc., No. 2318013 (Va. Ct. App. Apr. 16, 2002).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" Johnson, 237 Va. at 183-84 , 376 S.E.2d at 75 (quoting United Parcel Service v. Fette…
- Geith, Inc./Comm. Union Ins. v. Dale E. Wilborne., No. 1822012 (Va. Ct. App. Mar. 19, 2002).unpublished“a hazard to which the employee would have been equally exposed apart from the employment”
- Dennis Lewis v. Arby's of Emporia & TIG Indem., No. 1335012 (Va. Ct. App. Mar. 5, 2002).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant - 3 - relationship.'" Johnson, 237 Va. at 183-84 , 376 S.E.2d at 75 (quoting United Parcel Serv. v. F…
- Fas Mart, Inc., etc. v. Gail R. Fox, No. 1309011 (Va. Ct. App. Dec. 4, 2001).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the - 2 - business, and not independent of the master-servant relationship.'" Johnson, 237 Va. at 183-84 , 376 S.E.2d at 75 (quoting United Parcel Service v.…
- Kenneth Lee Carroll v. Roland Vaults Ltd., No. 2704001 (Va. Ct. App. June 5, 2001).unpublished“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”
- Miller & Long Co. Inc. v. Jerry M. Blake, No. 0939994 (Va. Ct. App. June 27, 2000).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" County of Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (qu…
- Int'l Paper Co. v. James H. DeHart, No. 2201993 (Va. Ct. App. May 9, 2000).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" County of 2 The commission affirmed the deputy commissioner's conclusion that claiman…
- Bassett-Walker, Inc. v. Wyatt, 493 S.E.2d 384 (Va. Ct. App. 1997).published (no evidence established that back strain that occurred when claimant bent over to tie his shoe was caused by a hazard peculiar to the workplace)
- Com. Courier Express v. David Cairns, No. 1973964 (Va. Ct. App. Mar. 25, 1997).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.'" Id. at 183-84 , 376 S.E.2d at 75 (quoting United Parcel Service v. Fetterman, 230 Va.…
- Goodyear Tire, etc. v. Samuel R. Taylor, No. 1119963 (Va. Ct. App. Dec. 31, 1996).unpublishedThe causative danger must be peculiar to the work, incidental to the character of the - 2 - business, and not independent of the master-servant relationship.'" Johnson, 237 Va. at 183-84 , 376 S.E.2d at 75 (quoting United Parcel Service v.…
- Reynolds Metals Co. v. Sharon Shifflett, No. 1029963 (Va. Ct. App. Nov. 26, 1996).unpublished“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”
- Goodyear Tire, etc. v. Larry D. Lanum, No. 1350953 (Va. Ct. App. June 18, 1996).unpublished“The causative danger must be peculiar to the work, incidental to the character of the business, and not - 5 - independent of the master-servant relationship”
- Peoples Tel. Co Inc v. Richard J. Garrity, Jr, No. 1483951 (Va. Ct. App. Jan. 30, 1996).unpublishedUnited Parcel Serv. v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985).
- Teagle & Little v. James J. Balchunis, No. 2270941 (Va. Ct. App. July 25, 1995).unpublished“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”
- Marion Corr. Treatment Ctr. v. Henderson, 458 S.E.2d 301 (Va. Ct. App. 1995).publishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985).
- Marion Correc Treatment Ctr v. Garland L. Henderson, No. 1442943 (Va. Ct. App. June 13, 1995).publishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985).
- Labor Finders of Virginia, Inc. & Am. Cas. Co. v. Mario Baldivieso, No. 0295044 (Va. Ct. App. Feb. 8, 2005).unpublished
- Burnadine Y. Chandler v. ARA Food Servs., No. 1572942 (Va. Ct. App. May 23, 1995).unpublished
- Mktg. Profiles, Inc. v. Hill, 425 S.E.2d 546 (Va. Ct. App. 1993).published
- Mktg. Profiles, Inc. v. Hill, 437 S.E.2d 727 (Va. Ct. App. 1993).published
- Taylor v. Mobil Corp., 444 S.E.2d 705 (Va. 1994).published
- Hill City Trucking, Inc. v. Christian, 360 S.E.2d 867 (Va. Ct. App. 1987).published
230 Va. at 258 Determining if injury arises out of employment9 citing cases“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”
- GP Big Island, LLC v. Brandon D. Creasey, No. 0273143 (Va. Ct. App. Nov. 18, 2014).unpublished “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.”
- Stillwell v. Lewis Tree Serv., Inc., 624 S.E.2d 681 (Va. Ct. App. 2006).published “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.”
- Kjellstrom & Lee, Inc. v. Saunders, 594 S.E.2d 281 (Va. Ct. App. 2004).published “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.”
- Combs v. Virginia Elec. & Power Co., 525 S.E.2d 278 (Va. 2000).published “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.”
- Holderfield v. Thyssenkrupp Elevator Corp., No. 1:20-cv-01599, 2022 WL 980638 (E.D. Va. Mar. 30, 2022).“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”
- Sylvia Martin v. Virginia Beach Pub. Schs. & Corvel Corp., No. 1632194 (Va. Ct. App. Mar. 31, 2020).unpublishedCorp. v. Herndon, 59 Va. App. 544, 556 (2012) (quoting United Parcel Serv. of Am. v. Fetterman, 230 Va. 257, 258 (1985)).
- Michael Effler v. Cardinal Logistics Mgmt. Corp. & Sedgwick Claims Mgmt. Servs., Inc., No. 0380194 (Va. Ct. App. Sept. 3, 2019).unpublished“a hazard to which the employee would have been equally exposed apart from the employment”
- James A Crews v. Gateway 2000, No. 1381021 (Va. Ct. App. Feb. 19, 2003).unpublished"The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship." United Parcel Service v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985).
- Teagle & Little v. James J. Balchunis, No. 2270941 (Va. Ct. App. July 25, 1995).unpublished"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…
230 Va. at 259 “unrelated to any hazard common to the workplace.”3 citing cases
- Michael BERNARD v. CARLSON COMPANIES-TGIF & Indem. Ins. Co. of North Am., 728 S.E.2d 508 (Va. Ct. App. 2012).published To this end, 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…
- Marion Corr. Treatment Ctr. v. Henderson, 458 S.E.2d 301 (Va. Ct. App. 1995).publishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985).
- Marion Correc Treatment Ctr v. Garland L. Henderson, No. 1442943 (Va. Ct. App. June 13, 1995).publishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 893 (1985).
336 S.E.2d at 892 cited at this page1 citing case
- City of Norfolk v. Janet Vaughan, No. 0069951 (Va. Ct. App. July 5, 1995).unpublishedUnited Parcel Service v. Fetterman, 230 Va. 257, 258 , 336 S.E.2d 892, 892 (1985).
v.
Randall F. Fetterman
[*258] The question presented in this workers’ compensation case is whether the claimant, a parcel delivery service employee, sustained an accidental injury arising out of the employment when he strained his back while bending over to tie his shoe.
Randall F. Fetterman sustained a lumbosacral strain on March 19, 1984, during the course of his employment as a driver for United Parcel Service of America. The claimant’s duties included loading, unloading, and delivering packages weighing an average of 35 pounds.
On the day in question, the claimant was unloading packages from his truck. He was reaching across the rear of the truck and pulling parcels to place them on a hand cart when he noticed that his right shoe was untied. He raised his foot to the back of the truck, bent over to tie the shoe, and felt acute pain in his lower back.
At the hearing level, a deputy commissioner denied the claim for compensation. She decided that the injury did not meet the requirement of arising out of the employment because it could not fairly be traced to the employment as a contributing proximate cause and it did not follow as a natural incident of the work. The hearing commissioner concluded that the claimant’s conduct in bending over to tie his shoe was not a risk of the employment but, rather, was merely coincidental with the employment.
Upon review, the full Commission unanimously decided the claim was compensable. The Commission disagreed with the deputy’s reasoning and opined that “the work environment certainly had something to do with the manner in which the employee went about tying his shoe and this was no doubt necessary for him to continue his work.” On appeal, the employer and its insurance carrier contend the Commission erred. We agree.
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. R & T Investments v. Johns, 228 Va. 249, 252, 321 S.E.2d 287, 289 (1984). Under this test, an injury arises “out of’ the employment when it has followed as a natural incident of the work and has been a result of the exposure occasioned by the nature of the employment. Excluded is 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 business, and[*259] not independent of the master-servant relationship. The event must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence. Baggett & Meador Cos. v. Dillon, 219 Va. 633, 638, 248 S.E.2d 819, 822 (1978). See Central State Hospital v. Wiggers, 230 Va. 157, 335 S.E.2d 257 (1985); Richmond Memorial Hospital v. Crane, 222 Va. 283, 278 S.E.2d 877 (1981).
Applying these principles to the present case, we hold this injury did not arise out of the claimant’s employment. Under these circumstances, 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. The situation of a loose shoelace confronting the claimant was wholly independent of the master-servant relationship.
For these reasons, the award appealed from will be reversed and the application will be dismissed. *
Reversed and dismissed.
On appeal, the claimant contends, in an alternative argument, that the so-called "personal comfort” doctrine, see Bradshaw v. Aronovitch, 170 Va. 329, 336-38, 196 S.E. 684, 686-87 (1938), supports the Commission’s award of compensation. At the bar of this Court, the employer and carrier made the unchallenged representation that this theory was never advanced before the Commission. This representation is confirmed by an examination of the record; the Commission did not discuss this theory either at the hearing level or upon review. Accordingly, we will not recognize and uphold on appeal an entirely different theory of recovery than was advanced at the trial level. Eason v. Eason, 204 Va. 347, 352, 131 S.E.2d 280, 283 (1963).