Audra L. Poole v. Quest Diagnostics, Inc.

CourtCourt of Appeals of Virginia
DecidedSeptember 9, 2025
Docket0701243
StatusPublished

This text of Audra L. Poole v. Quest Diagnostics, Inc. (Audra L. Poole v. Quest Diagnostics, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Audra L. Poole v. Quest Diagnostics, Inc., (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Malveaux, Chaney and White PUBLISHED

Argued at Lexington, Virginia

AUDRA L. POOLE OPINION BY v. Record No. 0701-24-3 JUDGE VERNIDA R. CHANEY SEPTEMBER 9, 2025 QUEST DIAGNOSTICS, INC.

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION

James B. Feinman (Law Office of James B. Feinman, on brief), for appellant.

(Lisa Reed Petersen; Schoenberg & Associates, on brief), for appellee. Appellee submitting on brief.

Audra Poole appeals the Workers’ Compensation Commission’s decision denying her

benefits for an injury sustained while traversing a crosswalk on a public street that separated her

employer’s building from a public parking lot. Poole challenges the Commission’s decision that

no exception from the coming and going rule applied and that the extended premises doctrine

was inapplicable to the parking lot and crosswalk. For the reasons that follow, this Court affirms

the Commission’s decision.

BACKGROUND1

In January 2022, Quest Diagnostics hired Poole to work as a phlebotomist at its

laboratory inside Carilion’s Roanoke Memorial Hospital. On February 2, 2022, Poole fell on her

1 “On appeal from a decision of the [Virginia Workers’ Compensation] Commission, ‘the evidence and all reasonable inferences that may be drawn from that evidence are viewed in the light most favorable to the prevailing party below’”—in this case, the employer, Quest Diagnostics. Jalloh v. Rodgers, 77 Va. App. 195, 199 n.2 (2023) (quoting City of Charlottesville v. Sclafani, 70 Va. App. 613, 616 (2019)). way to work. Poole explained that after parking, she entered a “walkway from the parking

garage” and then “walked on the crosswalk.” While she was “halfway through” the crosswalk,

she “slipped on ice, fell down, hit the ground,” resulting in a fracture to her wrist. A witness

picked her up and “whisked [her] away to the E.R.” By the time of the hearing, Poole had

undergone three surgeries to her wrist. Poole had no prior issues with her wrist and had “never

broken a bone” before her crosswalk injury.

Poole has multiple sclerosis; she testified that she was instructed to “park anywhere

there’s a handicap spot as long as it’s open.” On the day of the accident, Poole stated that she

parked “where [she was] told to park,”—a parking garage “next to the hospital.” She also

testified that there was only “one way” she could enter the hospital—the front entrance.

Testimony from Quest conflicted with Poole’s account. Poole’s supervisor, Alisha Ali,

testified that during the interview, she informed Poole that “parking is challenging. There’s a lot

of traffic, a lot of foot traffic. You can park in the garages. There’s not a specific place to park.”

Ali explained that Quest:

[T]ell[s] employees and I’m speaking generally about parking. We tell them where to park. There’s a parking garage called the Bellevue parking garage where you can come in through the tunnel and you’re in the hospital and you don’t cross the street at all. A lot of people park on the Riverwalk. That’s an option. If there is a need for handicapped parking, which I’m handicapped, I’m a disabled veteran myself. I park in front of the hospital that’s not under the cover, but it’s on the right in front of the hospital. If you’re a walker and you want to walk, there’s parking beside the park. I also used to park on top of the hill and come in through the surgery entrance before the north.2

2 This testimony was struck during the hearing. However, the deputy commissioner and the full Commission relied on it in their findings of fact. See City of Charlottesville v. Sclafani, 300 Va. 212, 222-23 (2021) (“The Commission’s findings of fact ‘are conclusive and binding on appeal,’ provided that there is credible evidence to support those findings.” (quoting Carrington v. Aquatic Co., 297 Va. 520, 522 (2019))). Neither party raised an objection to the issue; thus, any error in using the stricken testimony is waived on appeal. See Rule 5A:18 (“No ruling of the

-2- Ali also noted that the hospital had multiple entrances, including in the main lobby, the emergency

department, and “under [the] tunnel . . . where the surgeries happen.” Parking at “all of those

entrances were open” on the day of the accident. Still, Ali acknowledged that the crosswalk

where Poole fell is “a crosswalk that many Quest employees take” and was “one of the areas” that

“[Quest] expect[ed] her to travel.”

After the accident, Poole filed a claim for benefits, seeking a lifetime medical award and

temporary total disability. After her initial hearing, the deputy commissioner denied Poole’s

claim, determining that the Commission “lack[ed] persuasive evidence signaling [the accident]

happened in work’s course.” The full Commission later affirmed that judgment, finding that

Poole had not shown that her accident occurred in the course of employment.

The Commission acknowledged the general rule that an employer is not liable for an

employee’s coming and going to work, but noted that there were exceptions. Ultimately, the

Commission found that no exception applied to Poole’s case. The Commission explained that

exceptions to the coming and going rule did not apply because Poole presented “insufficient

evidence for us to find that [Poole] was injured while coming to work on a route that was the

sole and exclusive means of ingress and egress.” (Emphasis added). The Commission also

determined that the extended premises doctrine did not apply because Poole “failed to prove that

the crosswalk on which she fell can be considered the employer’s extended premises.” The

Commission explained:

Here, we do not find the area in which the claimant fell constitutes a passageway or walkway as argued by the claimant. Rather, the claimant testified that she was in the crosswalk of the street when she fell. There is no evidence that the employer owned, controlled, or maintained the crosswalk. The evidence does not support the

. . . Virginia Workers’ Compensation Commission will be considered as a basis for reversal unless an objection was stated with reasonable certainty at the time of the ruling, except for good cause shown or to enable this Court to attain the ends of justice.”). The parties also relied on this testimony in their appellate briefs. -3- claimant’s argument that she was required to park in the garage where she parked or that this was the only entrance she could use. Based on the evidence presented, we agree with the Deputy Commissioner that the claimant did not prove the area where she fell could be considered the extended premises of the employer.

This appeal followed.

ANALYSIS

Standard of Review

Under Virginia’s Workers’ Compensation laws, a claim is compensable if it “ar[ose] out

of and in the course of . . . employment.” Code § 65.2-101. A finding by the Commission that

an injury arose out of and in the course of employment is a mixed question of law and fact,

which this Court reviews de novo. Blaustein v. Mitre Corp., 36 Va. App. 344, 348 (2001). “It is

fundamental that a finding of fact made by the commission is conclusive and binding upon this

court on review. That contrary evidence may be in the record is of no consequence if there is

credible evidence to support the commission’s findings.” Southside Va. Training Ctr. v. Ellis, 33

Va. App. 824, 828 (2000) (internal quotation marks omitted) (quoting Georgia-Pacific Corp. v.

Robinson, 32 Va. App. 1, 4-5 (2000)). “[T]his Court is bound by the commission’s factual

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