GRAYSON (COUNTY OF) SCHOOL BOARD v. Cornett
| Decision Date | 26 November 2002 |
| Docket Number | Record No. 0847-02-3. |
| Citation | 572 S.E.2d 505,39 Va. App. 279 |
| Parties | GRAYSON (COUNTY OF) SCHOOL BOARD and Republic Franklin Insurance Company, v. Doris Gaye CORNETT. |
| Court | Virginia Court of Appeals |
Kevin T. Streit (Midkiff, Muncie & Ross, P.C., on briefs), Richmond, for appellants.
D. Edward Wise, Jr. (Arrington, Schelin & Herrell, P.C., on brief), for appellee.
Present: FITZPATRICK, C.J., BUMGARDNER and FELTON, JJ.
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.
On appeal, "[d]ecisions 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).
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, 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, 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.
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:
On July 18, 2000, a hearing was held before Deputy Commissioner John Costa. At the hearing, Cornett testified that the difference in the configuration of the steps in the bus she was driving on the date of her injury and her usual bus was the cause of her accident. A lengthy discussion then ensued between the deputy commissioner and Cornett regarding the disparity between her deposition testimony and her account at the hearing.
By opinion dated July 19, 2000, the deputy commissioner found Cornett's accident did not arise out of her employment and denied her claim. He found Cornett's testimony not credible based on the substance of her testimony, not her appearance and demeanor. The deputy commissioner stated her testimony was "contrary to everything else in the record ... most glaringly, the deposition testimony she gave only a month ago."2 Cornett appealed to the full commission. On June 29, 2001, the full commission reversed the deputy commissioner and remanded the case to the deputy commissioner for determination on the remaining issues and entry of an appropriate award. The parties subsequently stipulated to the remaining issues and preserved the employer's challenge to the compensability of Cornett's injuries. The employer appeals.
The employer contends on appeal that Cornett did not sustain an injury by accident arising from her employment and that she provided no credible evidence to support her claim. We disagree.
"A claimant's injury arises out of the employment if the manner in which the employer requires the work to be performed is causally related to the resulting injury." Southside Virginia Training Ctr. v. Ellis, 33 Va.App. 824, 828, 537 S.E.2d 35, 37 (2000).
[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. Simple acts of walking, bending, or turning, without any...
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