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Olsten of Richmond v. Leftwich, 230 Va. 317, 336 S.E.2d 893

Facts

Shirley W. Leftwich suffered a back injury while lifting a box at work after previously injuring her back in an automobile accident. After returning to work, she was assigned to help move and unpack boxes during an office relocation. While performing this task, she experienced severe back pain and was subsequently hospitalized for five weeks. Medical evaluations indicated that her work-related injury exacerbated her prior condition, leading to the claim for workers' compensation benefits.

In June 1982, Shirley W. Leftwich suffered a cervical and lumbar sprain in an automobile accident. In September, she returned to work at Olsten of Richmond where she was employed as a customer representative. On a weekend in January 1983, Olsten moved its offices to a new location. Mrs. Leftwich reported for work on Monday, January 17, expecting to resume her regular duties.

Issue

Did the injury sustained by Mrs. Leftwich arise out of her employment, making it compensable under workers' compensation laws?

The principal question posed is whether the accident arose out of the employment.

Rule

In Virginia, an injury is compensable under the Workers' Compensation Act if it arises out of the employment, which requires that the employment exposes the worker to a particular danger that leads to the injury. The 'actual risk test' is applied, which considers whether the employment conditions contributed to the injury, regardless of any preexisting conditions.

Analysis

The court found that Mrs. Leftwich's injury occurred while she was engaged in a new work assignment that involved physical exertion, which she was unaccustomed to. The evidence presented, including testimonies and medical reports, supported the conclusion that her injury was causally related to her employment. The court emphasized that even if the injury aggravated a preexisting condition, it would still be compensable under the Workers' Compensation Act.

Conclusion

The Supreme Court affirmed the Industrial Commission's decision, holding that Mrs. Leftwich's injury arose out of her employment and was compensable.

We hold, therefore, that the evidence supports a finding that the claimant's disability was causally related to an accident which arose out of the claimant's employment.

Who won?

The Industrial Commission's award of workers' compensation benefits to Shirley W. Leftwich was upheld by the Supreme Court. The court reasoned that the injury sustained by Leftwich was directly related to her employment, as it occurred during a work assignment that involved lifting and moving boxes. The court found sufficient evidence to support the claim, including medical opinions that linked her injury to the work-related incident, thus affirming the Commission's decision.

The court reasoned that the injury sustained by Leftwich was directly related to her employment, as it occurred during a work assignment that involved lifting and moving boxes.

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