GRAYSON (COUNTY OF) SCHOOL BOARD v. Cornett

572 S.E.2d 505, 39 Va. App. 279, 2002 Va. App. LEXIS 699
CourtCourt of Appeals of Virginia
DecidedNovember 26, 2002
Docket0847023
StatusPublished
Cited by40 cases

This text of 572 S.E.2d 505 (GRAYSON (COUNTY OF) SCHOOL BOARD v. Cornett) 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
GRAYSON (COUNTY OF) SCHOOL BOARD v. Cornett, 572 S.E.2d 505, 39 Va. App. 279, 2002 Va. App. LEXIS 699 (Va. Ct. App. 2002).

Opinion

FELTON, Judge.

The Grayson County School Board (“employer”) appeals a decision of the Workers’ Compensation Commission awarding benefits to Doris Cornett for an ankle injury she sustained from a fall as she disembarked from her school bus. The employer contends that the commission erred in finding that Cornett sustained an injury by accident from her employment and provided credible evidence of her account of the accident. We affirm the commission’s decision.

I. BACKGROUND

On appeal, “[decisions of the commission as to questions of fact, if supported by credible evidence, are conclusive and binding on this Court.” Manassas Ice & Fuel Co. v. Farrar, 13 Va.App. 227, 229, 409 S.E.2d 824, 826 (1991). However, “[t]his Court is not bound by the legal determinations made by the commission.” Robinson v. Salvation Army, 20 Va.App. 570, 572, 459 S.E.2d 103, 104 (1995). “The fact that contrary evidence may be found in the record is of no consequence if credible evidence supports the commission’s finding.” Manassas Ice, 13 Va.App. at 229, 409 S.E.2d at 826. We view the evidence in the light most favorable to the prevailing party below. Creedle Sales Co. v. Edmonds, 24 Va.App. 24, 26, 480 S.E.2d 123, 124 (1997).

A. THE INJURIES

Doris Cornett was employed by the Grayson County School Board as a bus driver. She had been employed in this capacity since 1990. On the afternoon of July 26, 1999, *282 Cornett finished her bus route and parked the school bus in her yard, as was standard practice. She gathered her belongings and began to exit the bus. As she descended the second step, she slipped, fell, and landed outside the bus with her leg underneath her.

Upon impact, Cornett heard a pop and “knew [her ankle] was broke[n].” She was able to move her leg from underneath her, but was unable to get up. As a result, Cornett remained on the ground for approximately twenty minutes, until her husband arrived home and found her. When her husband arrived home, he assisted her into the car and drove her to Dr. Edward Dannelly’s office. En route to the doctor’s office, Cornett spotted her supervisor, flagged him down, and informed him of the accident.

At Dr. Dannelly’s office, Cornett was examined. The initial patient history was brief. It stated, “This is a 35 year old who stepped off a school bus after she got home. She drives a school bus at work. Turned her ankle. Had severe pain and a pop.” Cornett also complained of knee pain. Dr. Dannelly diagnosed a “Grade II — III lateral ligament injury, lateral ligament sprain left ankle.” Cornett began physical therapy, but continually complained about having pain in her ankle and knee.

On August 27, 1999, Cornett was diagnosed with a mid-calf popliteal tibialis clot in her left leg, for which she was hospitalized. She subsequently began treatment with Dr. Handy as well. On September 7, 1999, Dr. Handy examined Cornett. He noted that “[s]he was stepping off a school bus and she twisted her left ankle and had a Grade IV sprain in her left ankle.” He also noted the deep vein thrombophlebitis (“DVT”) from the clot that was diagnosed on August 27, 1999.

On October 4, 1999, a bone scan of the left ankle revealed a fracture of the medial talus. At no time subsequent to her accident did Cornett’s employer offer her a panel of physicians.

*283 B. PROCEDURAL HISTORY

On October 12,1999, Cornett filed a claim with the Workers’ Compensation Commission seeking temporary total disability benefits for injuries she sustained on July 26, 1999. On June 14, 2000, the employer deposed Cornett regarding the accident. The following colloquy ensued:

Q [Employer’s attorney]: What time of the day was [the accident]?
A [Cornett]: Right around four o’clock.
Q: Where were you?
A: I was in the bus.
Q: What were you doing?
A: I was getting ready to get off. Is that what you mean? I was in my yard where I always back. I was in my parking area where I always park at home.
Q: Had you parked the bus?
A: Yes.
Q: Tell me what happened.
A: I parked the bus and went and gathered up my stuff, went to go out, you know, go down the steps and made it down the first one fine, went to step down the second one, I just fell.
Q: There are only two steps?
A: No.
Q: How many are there?
A: Four, I think.
Q: How long had you been driving this particular bus?
A: A little less than six weeks. 1
Q: Was there anything different about this bus than the bus you were used to?
A: Yes, the steps on it are different.
*284 Q: How are they different?
A: They are angled and they were just different than the one I was used to. The height I think was different. They are not like normal steps on the bus. The school bus steps are different than like say our home steps or standardized steps. They are just different.
Q: Okay, are you saying this bus had steps that were different style?
A: They were styled different than any regular bus that I normally drove
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Q: Was there anything wet on the steps?
A: Not that I remember.
Q: Do you remember whether you stepped on anything at all?
A: I don’t remember.
Q: To the best of your understanding how do you think that it happened that you fell?
A: I don’t know. I just fell.
Q: I am not trying to make this difficult for you. I am just trying to get an understanding of what happened.
A: Yeah, I don’t know. I was just going down the steps and I just fell.

On July 18, 2000, a hearing was held before Deputy Commissioner John Costa.

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572 S.E.2d 505, 39 Va. App. 279, 2002 Va. App. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grayson-county-of-school-board-v-cornett-vactapp-2002.