Reserve Life Insurance v. Hosey

159 S.E.2d 633, 208 Va. 568, 1968 Va. LEXIS 149
CourtSupreme Court of Virginia
DecidedMarch 4, 1968
DocketRecord 6728
StatusPublished
Cited by50 cases

This text of 159 S.E.2d 633 (Reserve Life Insurance v. Hosey) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reserve Life Insurance v. Hosey, 159 S.E.2d 633, 208 Va. 568, 1968 Va. LEXIS 149 (Va. 1968).

Opinion

Buchanan, J.,

delivered the opinion of the court.

The question in this case is whether a knee injury suffered by Mrs. Mary J. Hosey, sometimes referred to herein as claimant, was an injury by accident arising out of and in the course of her employment by Reserve Life Insurance Company, herein referred to as defendant, so as to be compensable. Code of Virginia, § 65-7, Workmen’s Compensation Act. *

*569 Hearing Commissioner Evans, of the Industrial Commission, found that the evidence failed to disclose an accident arising out of claimant’s employment and dismissed her claim. On review by the full Commission, pursuant to Code § 65-93, 1966 Cum. Supp., a majority found that the claimant’s injury was by accident arising out of and in the course of her employment, and awarded her weekly payments for periods stated “on account of total incapacity for work”. Commissioner Evans dissented. The employer and its insurance carrier have appealed.

The pertinent evidence, which was without contradiction, consisted of the testimony of the claimant and the reports of two doctors. The claimant, Mrs. Hosey, forty-three years old, testified, and the Commission found, that on August 5, 1965, in the course of her employment by defendant, Mrs. Hosey was making a door-to-door survey in the town of Woodstock to find out whether the people were interested in hospital insurance. She was going up the steps to one of the homes and when she made the final step, she said, “it was just like my knee had caught and then it just snapped just like a bone had broken in it” and she felt a sharp, severe pain. These were rock steps that she was ascending, on the corner of a street and “they were just a little bit higher than usual for a step.”

This was around 4 p.m. on a very hot day and she had nothing in her hand except some papers as she went up the steps. She did not know, she said, what caused her knee to twist or turn “because it had never happened before.” She had worked at all kinds of jobs, “and I have never had nothing like that happen at any other time.” She reported the matter that evening to defendant’s branch supervisor, who later filled out an accident report.

Mrs. Hosey was first treated by Dr? Jeanette M. Jarman on August 8, 1965, three days after the injury, who put her to bed in a hospital and next day sent her to another hospital in Clifton Forge. Dr. Jar-man reported that claimant had severe pain in her knee, which was swollen, and that she believed the cartilage in the knee was ruptured. In a later report she described claimant’s injury as “Traumatic synovitis of the left knee with possible tear of medial meniscus.”

In answer to questions on a written form as to whether the “accident above referred to” was the only cause of claimant’s condition, Dr. Jarman replied, “Yes,” and that claimant was not suffering from any other condition “not due to this accident”.

Dr. R. P. Hawkins, Jr., to whom claimant was referred by Dr. Jarman, examined claimant in the Clifton Forge hospital on August *570 9, 1965, and reported that claimant’s injury was “Traumatic synovitis of left knee,” and made the same answer as Dr. Jarman that the “accident” was the only cause of claimant’s condition, and that she was not suffering from “any other disabling condition not due to this accident”.

After about a week in the hospital, claimant made several attempts to continue work but eventually had to give it up and an operation was performed on her knee. She was in the hospital for seven weeks on that occasion.

[1] Defendant contends, first, that claimant’s injury was not an “injury by accident” as required by Code § 65-7.

In its opinion, by Commissioner Harwood, the Commission stated: “Both Dr. Jarman and Dr. Hawkins,, in their reports, causally related the disabling condition to the work activity of ascending the steps in the course of the employment.” And, further, “To ascertain the mechanism or cause of injury we look to the medical evidence, and here we find the uncontradicted opinions that the work activity was the producing cause of injury.”

Defendant contends that the record does not support these statements. While the doctors’ reports do not specifically spell out in so many words that claimant’s work activity was the producing cause of the injury, their responses to the questions asked on the forms made it very plain that such was their opinion. Both doctors stated that “the accident” was the only cause of claimant’s condition and that they found no other cause. We find nothing to require rejection of the statement in the majority opinion of the Commission that “The mechanism of injury reported by Dr. Jarman and Dr. Hawkins is medically credible.”

Both doctors, as noted, found that the claimant’s injury consisted of a traumatic synovitis of the left knee. Dr. Hawkins added that “A medial meniscus cannot be excluded.” Dr. Jarman added “with possible tear of medial meniscus.” These terms indicate that the knee injury was caused by external force.

Whether an injury is the result of an accident does not depend on whether the same injury might happen to others. We have in a number of cases defined the word “accident”. As long ago as 1927, in Newsoms v. Commercial Casualty Ins., Co., 147 Va. 471, 474, 137 S.E. 456, 457, we accepted this definition given by Vance on Insurance: “ ‘The definition of accident generally assented to is an event happening without any human agency, or, if happening *571 through human agency, an event which, under the circumstances, is unusual and not expected by the person to whom it happens.’ ”

That definition was approved in Big Jack Overall Co. v. Bray, 161 Va. 446, 451-2, 171 S.E. 686, 690, in which a woman apparently in normal health attempted to lift a bundle of clothes from a low truck and injured her back. She said something “tore in two in my back like it snapped in two.” This was held to be an “injury by accident.”

The same definition was approved in Hall’s Bakery v. Kendrick, 176 Va. 346, 349, 11 S.E.2d 582, 583, with this addition: “ ‘Where the effect was not the natural and probable consequence of the means employed, and was not intended or designed, the injury resulting was produced by accidental means.’ ”

The same definition with the addition was used in Derby v. Swift & Co., 188 Va. 336, 342, 49 S.E.2d 417, 421, in which it was held that a hernia suffered by an employee while lifting a loading table was an injury by accident. It was said: “To constitute an injury by accident it is not necessary that there must be a ‘fall, slip or other fortuitous circumstance’.”

In Virginia Electric, Etc., Co. v. Quann, 197 Va. 9, 12, 87 S.E.2d 624

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159 S.E.2d 633, 208 Va. 568, 1968 Va. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reserve-life-insurance-v-hosey-va-1968.