Chesterfield Cnty./Fire Dept. v. Dunn, 389 S.E.2d 180 (Va. Ct. App. 1990). · Go Syfert
Chesterfield Cnty./Fire Dept. v. Dunn, 389 S.E.2d 180 (Va. Ct. App. 1990). Cases Citing This Book View Copy Cite
152 citation events (79 in the last 25 years) across 2 distinct courts.
Strongest positive: Artis v. Ottenberg's Bakers, Inc. (vactapp, 2004-06-01)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Artis v. Ottenberg's Bakers, Inc. (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2004 · quote attribution · 2 verbatim quotes · confidence high
to be compensable as an injury by accident, a purely psychological injury must be causally related to a physical injury or causally related to an obvious sudden shock or fright arising in the course of employment.
discussed Cited as authority (rule) Angela Watford v. City of Newport News
Va. Ct. App. · 2025 · confidence medium
To demonstrate a compensable injury by accident, Watford was required to prove that she suffered: “(1) an identifiable incident; (2) that occur[ed] at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman v. Carter, 50 Va. App. 199, 212 (2007) (quoting Chesterfield County v. Dunn, 9 Va. App. 475, 476 (1990)).
discussed Cited as authority (rule) Abacus Remodeling and Construction and Builders Mutual Insurance v. Joseph Fogel
Va. Ct. App. · 2022 · confidence medium
A. The evidence supported a finding of mechanical or structural change to Fogel’s neck, left shoulder, and left arm.12 To prove an injury by accident under the Act, a claimant must prove, by a preponderance of evidence, “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman, 50 Va. App. at 212 (quoting Chesterfield Cnty. v. Dunn, 9 Va. App. 475, 476 (1990)); Pro-Football, Inc. v. Uhlenhake, 37 Va. App. 407, 418 (2002…
discussed Cited as authority (rule) Jennifer Johnson, Widow of David Johnson v. General Dynamics Corp.and New Hampshire Ins. Company
Va. Ct. App. · 2022 · confidence medium
Under Code §§ 65.2-300(A) and 65.2-101, a claimant can only recover for an “injury by accident.” To prove “injury by accident,” a claimant must prove “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman, 50 Va. App. at 212 (quoting Chesterfield Cnty./Fire Dep’t v. Dunn, 9 Va. App. 475, 476 (1990)).
discussed Cited as authority (rule) Rodney Mitchell v. Weather Control, Incorporated and Accident Fund General Insurance Company
Va. Ct. App. · 2021 · confidence medium
To prove an injury by accident, a claimant must prove “(1) an identifiable accident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman v. Carter, 50 Va. App. 199, 212 (2007) (quoting Chesterfield Cnty. v. Dunn, 9 Va. App. 475, 476 (1990)). “[A]n injury is not compensable merely because it occurred during the performance of some employment duty if the act performed by the employee is not a causative hazard of the employment.
discussed Cited as authority (rule) Quest for Excellence Learning and Accident Fund Insurance Company of America v, Rebecca Newsom
Va. Ct. App. · 2021 · confidence medium
Employer conceded in its opening brief that a meniscus tear constitutes “an obvious sudden mechanical or structural change in the body.” See Hoffman v. Carter, 50 Va. App. 199, 212 (2007) (to prove injury by accident, claimant must prove, inter alia, “an obvious sudden mechanical or structural change in the body” (quoting Chesterfield County v. Dunn, 9 Va. App. 475, 476 (1990))).
discussed Cited as authority (rule) Alexandria City Public Schools and Alexandria City School Board (2×) also: Cited "see, e.g."
Va. Ct. App. · 2021 · confidence medium
To establish an “injury by accident,” a claimant must prove “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman v. Carter, 50 Va. App. 199, 212 (2007) (quoting Chesterfield County v. Dunn, 9 Va. App. 475, 476 (1990)).
discussed Cited as authority (rule) Alexandria City Public Schools & Alexandria City School Board v. Kerri Handel
Va. Ct. App. · 2019 · confidence medium
Further demonstrating that the “sudden mechanical or structural change” test operates as a threshold test, a claimant is not required to prove a “sudden mechanical or structural change” to establish an “injury by accident” when the claimant alleges “a purely psychological injury.” Instead, she need only establish that the “purely psychological injury” is “causally related to a physical injury or . . . causally related to an obvious sudden shock or fright arising in the course of employment.” UPS v. Prince, 63 Va. App. 702, 709 (2014) (quoting Chesterfield Cty. v. Dunn, …
discussed Cited as authority (rule) Department of Motor Vehicles/Commonwealth of Virginia v. John H. Bandy
Va. Ct. App. · 2019 · confidence medium
As the Commission opinion acknowledges, a claimant, to establish that he has suffered an injury by accident, must prove “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman v. Carter, 50 Va. App. 199, 212 (2007) (quoting Chesterfield Cty. v. Dunn, 9 Va. App. 475, 476 (1990)).
discussed Cited as authority (rule) Karen Preston v. Franklin Co. Public Schools & School Systems of VA Group Self-Insurance Association
Va. Ct. App. · 2019 · confidence medium
This Court has stated that, to prove an injury by accident, a claimant must prove “‘(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.’” Hoffman v. Carter, 50 Va. App. 199, 212 (2007) (quoting Chesterfield Cty. v. Dunn, 9 Va. App. 475, 476 (1990)).
discussed Cited as authority (rule) Young Jin Kim v. Roto Rooter Services Company & Old Republic Insurance Company
Va. Ct. App. · 2017 · confidence medium
To prove an “injury by accident,” a claimant must show: “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Ogden Aviation Servs. v. Saghy, 32 Va. App. 89, 94 , 526 S.E.2d 756, 758 (2000) (quoting Chesterfield Co. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990)).
discussed Cited as authority (rule) Robert Van Buren, Sr. v. Augusta County and Virginia Association of Counties Group Self Insurance
Va. Ct. App. · 2016 · confidence medium
The only requirement at issue here is the first: whether Van Buren’s injury was caused, statutorily, “by an accident.” 4 To prove that an injury occurred by accident, an injured party must show “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Hoffman v. Carter, 50 Va.App. 199, 212 , 648 S.E.2d 318, 325 (2007) (quoting Chesterfield Cty. v. Dunn, 9 Va.App. 475, 476 , *450 389 S.E.2d 180, 181 (1990)).
discussed Cited as authority (rule) Mark Stadler v. Thyssenkrupp Elevator Corporation and Indemnity Insurance Company of N. America
Va. Ct. App. · 2016 · confidence medium
In order to prove that a claimant suffered a * Pursuant to Code § 17.1-413, this opinion is not designated for publication. compensable injury by accident, the claimant must prove, “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield Cnty. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Samuel Paul Jackson v. Ceres Marine Terminals, Inc. and Tokio Marine and Nichido Fire Ins. Co., Ltd.
Va. Ct. App. · 2015 · confidence medium
See UPS v. Prince, 63 Va.App. 702, 708 , 762 S.E.2d 800, 803 (2014); Anthony, 36 Va.App. at 103 , 548 S.E.2d at 276 ; Owens v. Va. Dep’t of Transp., 30 Va.App. 85, 88 , 515 S.E.2d 348, 349 (1999); Hercules, Inc. v. Gunther, 13 Va.App. 357, 362 , 412 S.E.2d 185, 188 (1991); Chesterfield Cnty. v. Dunn, 9 Va.App. 475, 477 , 389 S.E.2d 180, 182 (1990).
discussed Cited as authority (rule) Roger Smith v. Dominion Technical Solutions and Virginia Electric and Power Company
Va. Ct. App. · 2015 · confidence medium
“An ‘injury by accident’ requires proof of ‘(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.’” Ogden Aviation Servs. v. Saghy, 32 Va. App. 89, 94 , 526 S.E.2d 756, 758 (2000) (quoting Chesterfield Cnty. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990)).
discussed Cited as authority (rule) United Parcel Service, Inc. and Liberty Insurance Corporation v. Kirk v. Prince
Va. Ct. App. · 2014 · confidence medium
This Court later applied the principle that a claimant may recover for a psychological injury and clarified that “[t]o be compensable as an injury by accident, a purely psychological injury must be causally related to a physical injury or be causally related to an obvious sudden shock or fright arising in the course of employment.” Chesterfield Cnty. v. Dunn, 9 Va.App. 475, 477 , 389 S.E.2d 180, 182 (1990) (citing Hagood, 177 Va. at 210-11 , 13 S.E.2d at 293-94 ) (claimant firefighter and emergency medical technician not entitled to benefits for a psychological injury allegedly caused by a…
discussed Cited as authority (rule) Davis & Green, Inc. v. Warren Lowery
Va. Ct. App. · 2014 · confidence medium
“An ‘injury by accident’ requires proof of ‘(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.’” Ogden Aviation Servs. v. Saghy, 32 Va. App. 89, 94 , 526 S.E.2d 756, 758 (2000) (quoting Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990)).
discussed Cited as authority (rule) Brenda Marie Larson v. Commonwealth Assisted Living, L.L.C.
Va. Ct. App. · 2013 · confidence medium
To establish that a claimant suffered an “injury by accident,” the claimant must prove, “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield Cnty. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Fred L. Myers v. Madison Wood Preservers and Employers Preferred Insurance Company
Va. Ct. App. · 2012 · confidence medium
“An ‘injury by accident’ requires proof of ‘(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.’” Ogden Aviation Servs. v. Saghy, 32 Va. App. 89, 94 , 526 S.E.2d 756, 758 (2000) (quoting Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990)). -3- In reviewing the decision of the deputy commissioner, the full commission concluded that claimant failed to meet his burden of proving a causal connec…
discussed Cited as authority (rule) Food Lion, LLC and Delhaize America, Inc. v. Laura Otey
Va. Ct. App. · 2011 · confidence medium
ANALYSIS In order for an injury sustained by an employee to be compensable under the Workers’ Compensation Act (the Act), the employee must prove by a preponderance of the evidence “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Frank Karban v. Universal Fiber Systems, LLC and
Va. Ct. App. · 2010 · confidence medium
“An ‘injury by accident’ requires proof of ‘(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.’” Ogden Aviation Servs. v. Saghy, 32 Va. App. 89, 94 , 526 S.E.2d 756, 758 (2000) (quoting Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990)).
examined Cited as authority (rule) Uninsured Employer's Fund v. James Milton Carter, Jr. (3×) also: Cited "see"
Va. Ct. App. · 2007 · confidence medium
Because the commission had found Hoffman subject to the Act without discussing Bebe, the commission found it unnecessary to decide whether Bebe was an employee of Hoffman; it considered the question moot. -8- 389 S.E.2d 180, 181 (1990).
examined Cited as authority (rule) Hoffman v. Carter (3×) also: Cited "see"
Va. Ct. App. · 2007 · confidence medium
In order to prove an injury by accident, Carter must prove: “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield County v. Dunn, 9 Va.App. 475, 476 , 389 S.E.2d 180, 181 (1990).
cited Cited as authority (rule) Southwestern Virginia Mental Health Institute v. Sheila Mae Wright
Va. Ct. App. · 2006 · confidence medium
Co. v. Tolley, 24 Va. App. 70, 77 , 480 S.E.2d 145, 148 (1997); Chesterfield County v. Dunn, 9 Va. App. 475, 477 , 389 S.E.2d 180, 182 (1990).
discussed Cited as authority (rule) Norton Community Hospital v. Christina Marie
Va. Ct. App. · 2003 · confidence medium
Causation “In order to establish entitlement to compensation benefits, the claimant must prove, by a preponderance of the evidence, an injury by accident which arose out of and in the course of [her] employment.” Classic Floors, Inc. v. Guy, 9 Va. App. 90, 95 , 383 S.E.2d 761, 764 (1989). “[T]o establish an injury by accident, a claimant must prove: (1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield County …
discussed Cited as authority (rule) Louis Blount Fauntleroy v. Surry County School,etal
Va. Ct. App. · 2003 · confidence medium
“In order to establish entitlement to compensation benefits, the claimant must prove, by a preponderance of the evidence, an injury by accident which arose out of and in the course of his employment.” Classic Floors, Inc. v. Guy, 9 Va. App. 90, 95 , 383 S.E.2d 761, 764 (1989). “[T]o establish an injury by accident, a claimant must prove: (1) an identifiable incident; (2) that * Pursuant to Code § 17.1-413, this opinion is not designated for publication. occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection…
cited Cited as authority (rule) Le N Tran v. United Airlines, Inc
Va. Ct. App. · 2002 · confidence medium
Dunn, 9 Va. App. 475, 477 , 389 S.E.2d 180, 182 (1990).
discussed Cited as authority (rule) Pro-Football, Inc., et.al. v. Jeffrey A. Uhlenhake
Va. Ct. App. · 2002 · confidence medium
To meet that burden the evidence must prove “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (B) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield County v. Dunn, 9 Va.App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Jeffrey A. Uhlenhake v. Pro-Football, Inc.
Va. Ct. App. · 2002 · confidence medium
To meet that burden the evidence must prove "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Anthony v. Fairfax County Department of Family Services (2×)
Va. Ct. App. · 2001 · confidence medium
She did suffer physical injuries in the July 1998 confrontation, but her psychological injury did not stem from that incident. 2 “To qualify as a compensable injury by accident, a purely psychological injury must be causally related to a ... sudden shock or fright arising in the course of employment.” Owens, 30 Va.App. at 88 , 515 S.E.2d at 349 (citing Chesterfield County Fire Dep’t v. Dunn, 9 Va.App. 475, 477 , 389 S.E.2d 180, 182 (1990); Burlington Mills Corp. v. Hagood, 177 Va. 204, 209-11 , 13 S.E.2d 291, 293-94 (1941)).
discussed Cited as authority (rule) Bernard Lee Tremelon, Jr. v. Commercial Const
Va. Ct. App. · 2000 · confidence medium
INJURY BY ACCIDENT "In order to establish entitlement to compensation benefits, the claimant must prove, by a preponderance of the evidence, an injury by accident which arose out of and in the course of his employment." Classic Floors, Inc. v. Guy, 9 Va. App. 90, 95 , 383 S.E.2d 761, 764 (1989). "[T]o establish an injury by accident, a claimant must prove: (1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v…
discussed Cited as authority (rule) Avis Rent a Car, Inc. v. Elizabeth J. Calvin
Va. Ct. App. · 2000 · confidence medium
"In order to establish an injury by accident, a claimant must prove: (1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990) (citation omitted).
discussed Cited as authority (rule) Dickenson Co. Medical Center v. Rose
Va. Ct. App. · 2000 · confidence medium
To establish a prima facie claim for compensation for an "injury by accident" arising out of and in the course of the employment, the claimant must prove, by a preponderance of the evidence, "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) with an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Marley Mouldings, Inc. v. Patricia McGhee
Va. Ct. App. · 2000 · confidence medium
An "injury by accident" requires "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990). "[P]ain does not have to be contemporaneous with the accident to be an injury by accident." Ratliff v. Rocco Farm Foods, 16 Va. App. 234, 239 , 429 S.E.2d 39, 42 (1993).
discussed Cited as authority (rule) Southside Virginia Training Ctr./CW v. Jones
Va. Ct. App. · 2000 · confidence medium
See Code § 65.2-101; Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990); Aistrop v. Blue Diamond Coal Co., Inc., 181 Va. 287, 293 , 24 S.E.2d 546, 548 (1943). "[A]n injury resulting from cumulative trauma caused by physical exertions inherent in the employee's normal work is not an 'injury by accident,' compensable under the Worker's Compensation Act." Kraft Dairy Group, Inc. v. Bernardini, 229 Va. 253, 256 , 329 S.E.2d 46, 48 (1985).
discussed Cited as authority (rule) Linda L. Hill v. Travelodge and Selective Ins. Co
Va. Ct. App. · 1999 · confidence medium
"To qualify as a compensable injury by accident, a purely psychological injury must be causally related to a physical injury or to a sudden shock or fright arising in the course of employment." Id. at 88 , 515 S.E.2d at 349 (citing Chesterfield County Fire Dept. v. Dunn, 9 Va. App. 475, 477 , 389 S.E.2d 180, 182 (1990) (citing Burlington Mills Corp. v. Hagood, 177 Va. 204, 209-11 , 13 S.E.2d 291, 293-94 (1941))).
discussed Cited as authority (rule) Westpoint Stevens-Drakes v. Dorothy Davis
Va. Ct. App. · 1997 · confidence medium
An "injury by accident" requires proof of "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990) (citing Lane Co. v. Saunders, 229 Va. 196, 199 , 326 S.E.2d 702, 703 (1985)) (emphasis added).
discussed Cited as authority (rule) Albemarle School Board v. Virgie I. Morris
Va. Ct. App. · 1997 · confidence medium
An "injury by accident" requires proof of "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990) (citing Lane Co. v. Saunders, 229 Va. 196, 199 , 326 S.E.2d 702, 703 (1985)).
discussed Cited as authority (rule) McQueen v. CA1 Services, Inc.
Richmond County Cir. Ct. · 1997 · confidence medium
The Virginia Court of Appeals has held that “[w]hen an injury is strictly psychological, it ‘must be causally related to a physical injury or be causally related to an obvious sudden shock or fright arising in the course of employment’.” Teasley v. Montgomery Ward & Co., 14 Va. App. 45, 48 (1992); Chesterfield County Fire Dep’t v. Dunn, 9 Va. App. 475, 476 (1990).
cited Cited as authority (rule) Daniel Construction Co. v. Tolley
Va. Ct. App. · 1997 · confidence medium
See Hercules v. Gunther, 13 Va.App. 357, 362 , 412 S.E.2d 185, 188 (1991); Chesterfield County v. Dunn, 9 Va. App. 475, 477 , 389 S.E.2d 180, 182 (1990).
cited Cited as authority (rule) Owen Riley Boone, MD v. Loudoun Surgical etc
Va. Ct. App. · 1996 · confidence medium
Dept. v. Dunn, 9 Va. App. 475, 477 , 389 S.E.2d 180, 182 (1990).
discussed Cited as authority (rule) Edwin Koo Choy v. Yamato Transport USA, Inc.
Va. Ct. App. · 1996 · confidence medium
In correspondence to Dr. Morillo dated September 22, 1994, Dr. Andersen commented that claimant's occupation often requires "lift[ing] heavy objects," and recorded a "history of 3 to 4 weeks progressive pain in his left shoulder and . . . arm." Dr. Andersen opined that claimant had "pinch[ed] a nerve root in his back or neck." Dr. Gonzalez examined claimant on September 26, 1994, and diagnosed "left accessory nerve injury, shoulder pain, and muscle spasms," occasioned by "being hit by a dresser" "one month ago," "while at work." Dr. Gonzalez's medical records initially referenced a work injury…
discussed Cited as authority (rule) Office Max, Inc. v. Linda Ann Morehouse
Va. Ct. App. · 1996 · confidence medium
An "injury by accident" requires "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990). "[P]ain does not have to be contemporaneous with the accident to be an injury by accident." - 2 - Ratliff v. Rocco Farm Foods, 16 Va. App. 234, 239 , 429 S.E.2d 39, 42 (1993).
discussed Cited as authority (rule) Groundwater Tech., Inc. v. John Troy Partin
Va. Ct. App. · 1995 · confidence medium
An "injury by accident" requires proof of "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
cited Cited as authority (rule) Boar's Head, etc. v. Judy Inez Woodley
Va. Ct. App. · 1995 · confidence medium
An injury is "an obvious sudden mechanical or structural change in the body." Chesterfield Co. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
examined Cited as authority (rule) Perdue Farms, Inc. v. McCutchan (3×)
Va. Ct. App. · 1995 · confidence medium
An injury is “an obvious sudden mechanical or structural change in the body.” Chesterfield Co. v. Dunn, 9 Va.App. 475, 476, 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) B&F Contracting Corp v. Joseph F. Beitler
Va. Ct. App. · 1995 · confidence medium
An "injury by accident" requires "(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change." Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited as authority (rule) Teasley v. Montgomery Ward, Inc.
Va. Ct. App. · 1992 · confidence medium
A claimant establishes an injury by accident if there is “(1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change.” Chesterfield County v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited "see" Family Dollar Stores, Inc. v. Jackie James Presgraves (2×)
Va. Ct. App. · 2010 · signal: see · confidence high
An “injury by accident” is defined as an “identifiable incident or sudden precipitating event [that results] in an obvious sudden mechanical or structural change in the body.” Morris v. Morris, 238 Va. 578, 589 , 385 S.E.2d 858, 865 (1989) (citation omitted); see Chesterfield Co. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
discussed Cited "see" William Gary Boyer v. Sundown Express, Inc. (2×)
Va. Ct. App. · 2000 · signal: see · confidence high
The term "injury by accident" is defined as an "identifiable incident or sudden precipitating event [that results] in an obvious sudden mechanical or structural change in the body." Morris v. Morris, 238 Va. 578, 589 , 385 S.E.2d 858, 865 (1989) (citation omitted); see Chesterfield Co. v. Dunn, 9 Va. App. 475, 476 , 389 S.E.2d 180, 181 (1990).
Retrieving the full opinion text from the archive…
Chesterfield County
v.
Steven Michael Dunn
Record No. 1246-88-2.
Court of Appeals of Virginia.
Feb 27, 1990.
389 S.E.2d 180
Counsel, Jeffrey L. Mincks, Senior Assistant County Attorney (Gary K. Oldehoff, Assistant County Attorney, on brief), for appellant., Gregory S. Hooe (Traylor & Morris, on brief), for appellee.
Moon, Benton.
Cited by 59 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Court of Appeals of Virginia (1)

Lead Opinion

Opinion

MOON, J,

The County of Chesterfield seeks reversal of an award of benefits by the Industrial Commission to Steven Dunn for a post-traumatic stress disorder. We reverse the award because we find no credible evidence to support the commission’s finding that the disability resulted from an “injury by accident.”

In order to establish an injury by accident, a claimant must prove: (1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily change. Lane Co. v. Saunders, 229 Va. 196, 199, 326 S.E.2d 702, 703 (1985). In this case, there was no proof of an obvious sudden mechanical or structural change in Steven Dunn’s body.

Dunn was employed by Chesterfield County as a firefighter in October 1984. He was trained as an emergency medical technician. As part of his job, he administered medical aid to injured persons. In September 1985 Dunn provided medical attention to a severely injured man at the scene of an automobile accident. The man later died. Dunn testified that, three to four days later, he began having nightmares, stomach cramps, and anxiety. After that incident, responding to medical calls began to bother him, but he continued in his job until June 1986. During the period September 1985 to June 1986, he responded to many medical calls and performed competently.

On June 17, 1986, a counselor at the County Mental Health Center advised Dunn that he was suffering from post-traumatic stress disorder created by his exposure to accident victims. In March 1987, Dunn’s psychologist declared Dunn to be disabled from work as a firefighter. The psychologist reported that the September 1985 incident “precipitated” Dunn’s disorder:

[*477] It seems significant that the accident which has precipitated this stress disorder was characterized by Steven [Dunn]: (1) working on the patient alone by himself (other team members outside of car) by (2) he was in a small, cramped, unknown and dark space with an accident victim whose facial appearance reminded him of a spooky movie and by (3) that he was alone in the situation for fifteen minutes.

The deputy commissioner determined that Dunn’s emotional disability was not a compensable injury. Upon review, the full commission ruled that Dunn’s disability was compensable as an injury by accident. In its finding, the commission stated:

The second element, an obvious sudden mechanical or structural change, was proven by the medical records which identified the multiple symptoms of the claimant, symptoms which appeared within three to five days of the incident.

From the record we are unable to find proof of any sudden mechanical or structural change in the body. As the commission observed, the first “symptoms” occurred three to five days after the incident. These “symptoms,” which the commission described as manifestations' of the change in Dunn’s body—agitation, anxiety, panic anxiety attacks, insomnia, increased irritability, personality changes, work avoidance, nausea, diarrhea, and cramps—are not, in themselves, mechanical or structural changes in the body. Even though these “symptoms” developed three to five days after a specific incident, they do not constitute nor do they prove a sudden mechanical or structural change in the body.

In fact, the symptoms are equally characteristic of an ordinary disease of life or a gradual development of a psychological problem as an injury by accident. Prior to the enactment of Code § 65.1-46.1, which now allows for recovery for ordinary diseases of life resulting from conditions of employment, the Supreme Court created but one exception for mental disabilities resulting from employment. To be compensable as an injury by accident, a purely psychological injury must be causally related to a physical injury or be causally related to an obvious sudden shock or fright arising in the course of employment. See Burlington Mills Corp. v. Hagood, 177 Va. 204, 210-11, 13 S.E.2d 291, 293-94 (1941).[*478] Because the legislature has provided recovery for ordinary diseases of life and carefully defined under what circumstances they are compensable, we should not extend Hagood beyond its facts. If the Workers’ Compensation Act is to be extended to cover disabilities of the type experienced by Dunn, it is the legislature, not this Court or the commission, which must act.

For these reasons, the order of the Industrial Commission is reversed.

Reversed.

Coleman, J., concurred.

Concurrence

Benton, J.,

concurring.

I concur in reversing the decision of the commission; however, I do not join in the reasoning stated in the majority’s opinion.

Virginia’s Workers’ Compensation Act defines “injury” to mean “injury by accident.” Code § 65.1-7. Thus, “there is no occasion, as a matter of grammar, to read the phrase as if it referred to ‘an accident,’ and then proceed to conduct a search for ‘the accident.’” IB A. Larson, The Law of Workmen’s Compensation § 37.20 (1987) (emphasis in original text). However, in Morris v. Morris, 238 Va. 578, 385 S.E.2d 858 (1989), the Supreme Court explained that the component of the injury by accident test, which requires an “identifiable incident that occurs at a reasonably definite time,” see Lane Co. v. Saunders, 229 Va. 196, 199, 326 S.E.2d 702, 703 (1985), is “inevitably ‘bounded with rigid temporal precision.’ ” Morris, 238 Va. at 589, 385 S.E.2d at 864. To prove a compensable injury in Virginia it thus becomes necessary to prove an accident, “e.g., . . . blows from falling objects; . . . contacts of the body with operating machinery or corrosive chemicals; falls from ladders, cat walks, and the like.” Morris, 238 Va. at 585, 385 S.E.2d at 862. It is not sufficient to prove an accidental injury. Id.

The record in this case establishes that the work activity which resulted in Steven Michael Dunn’s post-traumatic chronic stress syndrome spanned a period of fifteen minutes, during which time he was assisting an injured motorist in a small, cramped, dark space. Morris unequivocally rejects the notion that a time span, even of only several minutes, can be deemed a “reasonably defi[*479] nite time.” Id. at 589, 385 S.E.2d at 864. I therefore conclude that Dunn has not proved an accident as required by Morris.

While it is not irrational to conclude that Morris can also be read to require the immediate onset of the injury, see id., 238 Va. at 585, 385 S.E.2d at 862 (the Act “was originally intended to provide coverage for . . . injuries immediately resulting from hazards of the work place. . . .”) (emphasis added), I do not read Morris to require, as does the majority, the immediate onset of symptoms of the injury.

The commission found that the incident caused a sudden bodily change. The suddenness test is a means of identifying an injury which manifests itself within a time reasonably related to the occurrence so as to negate the inference that the injury occurred gradually, cumulatively, or as the result of an eroding physical condition. Lane Co., 229 Va. at 199-200, 326 S.E.2d at 704 (the evidence must establish whether the injury “developed suddenly, or was gradually incurred and cumulative, becoming painful only on [the day the alleged injury occurred]”). Viewed in the light most favorable to Dunn, the party prevailing below, Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va. App. 503, 504, 339 S.E.2d 916, 916 (1986), Dunn’s testimony and the reports of Dr. Martin N. Buxton and Dr. Edward A. Peck, III, credibly establish that the onset of injury was sudden, not gradual or cumulative.

All of the evidence established that Dunn’s post-traumatic stress syndrome resulted from the trauma of the rescue that he performed on September 19. Dr. Buxton, Dunn’s treating physician, described in clear terms the injury that Dunn suffered:

The best way I can think of describing it to a layman would be that the human organism, the mind of the human organism is like a record, and if something occurs that is too traumatic for the mind to tolerate, it gets scratched like a record needle scratches a record if there’s too much pressure on the handle. Then what happens is the human organism continues to repeat the trauma, if you would, in mind and in other ways, much like a record continues to repeat. So post traumatic stress disorder is when a person has been traumatized psychologically and cannot tolerate or get over the incident or let the event heal because the trauma was too great. And[*480] you get into a situation where it’s kind of a catch-22, because the trauma was so severe and so painful the person tries not to deal with it, and in the process of not dealing with it can’t get over it.

The commission found from the testimony of Dr. Buxton, a psychiatrist, that Dunn suffered from post-traumatic chronic stress syndrome triggered by the incident on September 19, 1985. The report of Dr. Peck, a neuropsychologist, states that “the only possible causal factor” for Dunn’s disorder was the incident of September 19, 1985. Only by speculating or attaching different weight to the facts can one reach a conclusion, as did the majority, that Dunn’s symptoms were not the manifestation of a previous sudden mechanical or structural change in his body. Injury caused by an accident often may only be manifested by symptoms that occur at a time after the accident. See Burlington Mills Corp. v. Hagood, 177 Va. 204, 210-11, 135 S.E.2d 291, 293-94 (1941); see also 4 R. Gray, Attorney’s Textbook of Medicine § 176.20 (3d ed. 1988) (“pain may not appear to weeks or even months” after some injuries); Render, Mental Illness as an Industrial Accident, 31 Tenn. L. Rev. 288, 292-93 (1964).

In holding that there was no proof of a sudden bodily change, the majority makes factual findings contrary to those of the commission. The majority’s finding is based on the unsupported propositions that the proved symptoms do not establish a bodily change and that because “the first symptoms occurred three to four days after the incident” there could, in no case, be a sudden bodily change. The relationship between the symptoms and Dunn’s bodily condition is a medical issue. This record contains no medical evidence which equates the onset of the symptoms with the onset of injury and the bodily change. If the evidence had proved a cognizable incident, Dunn’s testimony and the medical reports were sufficient to establish the onset of injury and the bodily change in a manner sufficient to satisfy the injury by accident test.

By concluding that Dunn’s “symptoms are just as characteristic of an ordinary disease of life or a gradual development of a psychological problem as an injury by accident” the majority again has ventured into the area of weighing facts, the exclusive province of the commission. Code § 65.1-98. “[I]t is fundamental that[*481] a finding of fact made by the Commission is conclusive and binding upon this court on review.” Commonwealth v. Powell, 2 Va. App. 712, 714, 347 S.E.2d 532, 533 (1986); see also Celanese Fibers Co. v. Johnson, 229 Va. 117, 120, 326 S.E.2d 687, 690 (1985); Insurance Management Corp. v. Daniels, 222 Va. 434, 438-39, 281 S.E.2d 847, 849 (1981); Crisp, 1 Va. App. at 504, 339 S.E.2d at 916; McGregor v. Crystal Food Corp., 1 Va. App. 507, 509, 339 S.E.2d 917, 918 (1986). The majority has neither the authority nor the evidence in the record to support its finding of the facts. Even in those cases where the weight of the evidence is contrary to the commission’s findings, those findings are binding on this Court. C.D.S. Constr. Servs. v. Petrock, 218 Va. 1064, 1070, 243 S.E.2d 236, 240 (1978); Kelly v. Pendleton Constr. Co., 182 Va. 191, 194, 28 S.E.2d 621, 623 (1944).

For these reasons, I would reverse the commission’s decision.