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Alexandria Hospital v. Munjal8/6/2002
Argued at Alexandria, Virginia
MEMORANDUM OPINION
Alexandria Hospital and INOVA Health System Foundation, Inc. ("employer") appeal a decision of the Workers' Compensation Commission awarding Meena Munjal benefits for injuries sustained as a result of a fall while at work. The employer contends (1) that Munjal's injury by accident did not arise out of her employment; and (2) that her back was not injured in the accident. We affirm the commission's decision.
On appeal, " 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. Federated Mutual Ins. Co., 13 Va. App. 227, 229, 409 S.E.2d 824, 826 (1991). "The fact that contrary evidence may be found in the record is of no consequence if credible evidence supports the commission's finding." Id. 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). However, " 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).
I. BACKGROUND
On May 17, 2000, Munjal, a registered nurse, was injured at her place of employment, INOVA Alexandria Hospital. Munjal and several other nurses were sitting around a table in a conference room listening to recorded medical reports. Their chairs were close together. Some of the chairs, including Munjal's, were on rollers. They were unbalanced, wobbled, and moved from side to side.
While listening to the reports, Munjal stood up from her chair, leaned forward, and reached for the cardex. Having obtained the cardex, she attempted to sit back in her chair. However, the chair had moved back and Munjal fell to the floor. She hit her left forearm and the left side of her neck and head on the armrest of the chair. The right side of her hip struck the floor.
Following the incident, Munjal filled out an Employee Occurrence Report, noting injuries to her left head, neck, and right hip. She reported no back injury. Thereafter, she sought treatment in the emergency room. The emergency room medical records reported no back injury. They stated there was "no c[omplaint]/o back pain." Munjal also filled out a Virginia Workers' Compensation Commission Form 5 ("VWC Form 5"). On the form she noted her injuries, making no mention of back pain or a back injury.
On June 1, 2000, Munjal was seen by Dr. Michael Leonidov. His notes state that she " ell at work on 5/17. Awoke the next day with some back pain. Was seen in the ER the same day of the incident and just given Motrin; did not have the back pain at that time." Dr. Leonidov recommended that x-rays be taken, but Munjal refused because she did not want to take off from work. Her back pain cleared up and completely resolved by June, 2000.
The deputy commissioner held:
he evidence preponderates in proving that the accident was caused by a risk of the employment. It is . . . the claimant's contention that she fell because after leaning forward to reach for a Kardex the chair on which she had been seated moved since it was unstable. This would certainly constitute a risk of the employment. Moreover, given the claimant's testimony that the chairs were very close together with no space between them, it hardly seems likely that she simply missed the chair in sitting back.
The full commission affirmed the deputy's finding of causation, holding:
he claimant . . . sustained injuries when she missed a chair that was unstable and had moved, while attempting to
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