Bassett-Walker, Inc. v. Wyatt

493 S.E.2d 384, 26 Va. App. 87, 1997 Va. App. LEXIS 713
CourtCourt of Appeals of Virginia
DecidedNovember 25, 1997
Docket1002963
StatusPublished
Cited by19 cases

This text of 493 S.E.2d 384 (Bassett-Walker, Inc. v. Wyatt) 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
Bassett-Walker, Inc. v. Wyatt, 493 S.E.2d 384, 26 Va. App. 87, 1997 Va. App. LEXIS 713 (Va. Ct. App. 1997).

Opinions

ELDER, Judge.

Bassett-Walker, Inc. (appellant) appeals a decision of the Workers’ Compensation Commission (commission) awarding benefits to Shirley Jean Wyatt (claimant). It contends that the commission erred when it concluded that claimant’s injury arose out of her employment. A panel of this Court agreed with appellant and reversed the commission’s decision. See Bassett-Walker, Inc. v. Wyatt, No. 1002-96-3, slip op. at 3, 1997 WL 92094 (Va.Ct.App.1997). We granted claimant’s petition for a rehearing en banc and now affirm the commission’s award.

I.

FACTS

Claimant was a knitter whose work involved operating knitting machines. Rolls of yarn were placed on creels at[91]*91tached to the machines, and the machines functioned by knitting yarn fed into them from the creels. Each machine held multiple creels of yarn, some of which were “as high as you could reach from the floor,” while the lowest row of yarn was about “two inches off the floor.” The machines consumed numerous rolls of yarn during the course of claimant’s twelve hour shift. Each time a roll of yarn was emptied, claimant was responsible for placing a new roll on the empty creel. In order to reload the yarn on the bottom-most creels of a machine, claimant was required to perform a deep knee-bend to reach their location two inches above the floor. At the lowest point of each knee-bend, claimant’s weight rested on her heels, her knees did not touch the floor, and her “rear end [was] lower than [her] knees.” The operation of the knitting machines required claimant to perform these deep knee-bends approximately 200 times each twelve hour shift.

On March 13, 1995, claimant was performing her duties when the machine she was operating emptied a roll of yarn. Claimant placed a new roll of yarn on the creel and “squatted down to tie the bottom in.” Claimant was not holding anything in her hand. Before she had reached the deepest position of her knee-bend, claimant heard a pop and felt a tearing sensation in her left knee. When she tried to stand up, she was unable to straighten her left leg. Claimant’s injury was diagnosed as a torn medial meniscus, and she underwent arthroscopic surgery to correct the injury.

Claimant filed a claim for benefits. Following a hearing, a deputy commissioner denied her claim, concluding that claimant’s injury did not arise out of her employment. The deputy commissioner found that “the conditions of claimant’s employment did not contribute to her injury” and that her injury occurred during a “normal squatting motion.”

Claimant appealed, and the commission reversed. The commission concluded that claimant’s injury was causally related to her work reloading the bottom-most creels of the knitting machine. It found that “claimant’s knee injury followed as a natural incident of the work and could be reasonably seen as [92]*92resulting from exposure occasioned by the nature of the employment, which required her to squat approximately 200 times per shift.” It also found that the job-related hazard that contributed to her injury was the “need to squat in order to perform her work, coupled with the number of times that maneuver was required per shift and the length of time which she had to maintain the position.”

II.

INJURY “ARISING OUT OF” EMPLOYMENT

Appellant concedes that claimant suffered an injury during the course of her employment. It contends, however, that the commission erred when it concluded that claimant’s injury arose out of her employment. Appellant argues that claimant’s risk of injury while performing deep knee-bends at work was no greater than the risk to which she was exposed outside of her job and that her injury occurred while performing a “normal squat” typical of those she would perform at home. Because the record indicates that claimant was exposed to an increased risk of tearing cartilage in her knees that was peculiar to her employment and that this risk contributed to her injury, we disagree with appellant’s arguments.

In order to receive benefits under the Workers’ Compensation Act, a claimant must prove by a preponderance of the evidence that he or she suffered an injury by accident that arose out of and in the course of the employment. See County of Chesterfield v. Johnson, 237 Va. 180, 183, 376 S.E.2d 73, 74 (1989) (holding that “arising out of’ and “in the course of’ are separate and distinct elements). An injury “arises out of’ the employment if a causal connection exists between the claimant’s injury and “the conditions under which the employer requires the work to be performed” or a “significant work related exertion.” Grove v. Allied Signal, Inc., 15 Va.App. 17, 19, 421 S.E.2d 32, 34 (1992); Plumb Rite Plumbing Service v. Barbour, 8 Va.App. 482, 484, 382 S.E.2d 305, 306 (1989) (interpreting Johnson).

[93]*93“ ‘Under this test, if 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, then it arises “out of’ the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood. It must be incidental to the character of the business and not independent of the relation of master and servant. It need not have been foreseen or expected, but after the event it 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.’ ” Bradshaw v. Aronovitch, 170 Va. 329, 335, 196 S.E. 684, 686 (1938), quoting In re McNicol, 215 Mass. 497, 499, 102 N.E. 697, 697 (1913).

Baggett Transp. Co. of Birmingham, Alabama v. Dillon, 219 Va. 633, 638, 248 S.E.2d 819, 822 (1978). Whether an injury arises out of the employment is a mixed question of law and fact and is reviewable on appeal. Barbour, 8 Va.App. at 483, 382 S.E.2d at 305.

We hold that claimant’s knee injury arose out of her employment. The unique demands of operating the knitting machine provided the “critical link” between claimant’s employment and her injury. In order to load new rolls of yarn in the lowest creels of her knitting machine, claimant was required to perform deep knee-bends during each twelve hour shift. The circumstantial evidence indicated that this knee-bending or “squatting” to reach a position close to the ground was a condition of the work to be performed which exposed claimant to the risk of tearing cartilage in her knees every time she performed the task. Although claimant testified that the motion of her knee-bending at work resembled a knee-bend that she would perform “to pick up something at home,” bending one’s knees until a point two inches from the ground [94]*94is within reaching distance is both extreme and uncommon.

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Bassett-Walker, Inc. v. Wyatt
493 S.E.2d 384 (Court of Appeals of Virginia, 1997)

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Bluebook (online)
493 S.E.2d 384, 26 Va. App. 87, 1997 Va. App. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bassett-walker-inc-v-wyatt-vactapp-1997.