Janette Ogle v Nat Assoc of Elem School Principals

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Baker, Elder and Fitzpatrick
JANETTE R. OGLE
v. 	Record No. 2708-95-4 	MEMORANDUM OPINION*
PER CURIAM
NATIONAL ASSOCIATION OF 	MAY 14, 1996
ELEMENTARY SCHOOL PRINCIPALS
AND
AETNA CASUALTY & SURETY COMPANY
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(John B. Delaney; Delaney, McCarthy, Colton
& Botzin, on briefs), for appellant.
(Barry P. Heitin, on brief), for appellees.
Janette R. Ogle contends that the Workers' Compensation
Commission erred in denying her application on the ground that
her March 10, 1994 fall down a stairway did not arise out of her
employment. 	Upon reviewing the record and the briefs of the
parties, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the commission's decision. 	Rule
5A:27.
On March 10, 1994, while in the course of her employment,
Ogle fell down a three-step carpeted stairway. 	Ogle was wearing
rubber soled, deep tread shoes. 	Ogle testified that she had
descended one flight of stairs and was beginning to descend a
second when her foot "stuck," causing her to lose her balance.
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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She fell, striking her head, wrists, left shoulder, and twisting
her neck and back. 	Ogle noticed nothing unusual about the steps
or the carpet. 	The employer's post-accident inspection revealed
no defect in the stairs or carpet.
"To prove the 'arising out of' element, [in a case involving
injuries sustained from falling down stairs at work,] [Ogle] must
show that a condition of the workplace either caused or
contributed to her fall." 	Southside Virginia Training Ctr. v.
Shell, 20 Va. App. 199, 202, 455 S.E.2d 761, 763 (1995) (citing
County of Chesterfield v. Johnson, 237 Va. 180, 184, 376 S.E.2d
73, 76 (1989)). 	"Whether an injury arises out of the employment
is a mixed question of law and fact and is reviewable by the
appellate court." 	Plumb Rite Plumbing Serv. v. Barbour, 8 Va.
App. 482, 483, 382 S.E.2d 305, 305 (1989). 	However, unless we
conclude that Ogle proved, as a matter of law, that her
employment caused her injury, the commission's finding is binding
and conclusive on appeal. 	Tomko v. Michael's Plastering Co., 210
Va. 697, 699, 173 S.E.2d 833, 835 (1970).
Although Ogle was in the course of her employment when her
injury occurred, her evidence did not show that any defect in the
stairs or the carpet or any condition peculiar to her workplace
caused her to fall down the steps and injure herself. 	Ogle could
not explain why her foot stuck on the carpeted stair nor was
there any evidence that the placement of the handrails in the
stairway had anything to do with her fall. 	Because no evidence

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showed a causal connection between the conditions of Ogle's
employment and her fall, we are unable to find that she proved as
a matter of law that her injury arose out of her employment.
For the reasons stated, we affirm the commission's decision.
Affirmed.