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Medical College of Virginia School of Dentistry v. Hawkins6/17/1997
"Just ent over to get blue wrap in the bottom of the cabinets and hurt low back." Claimant's supervisor, Teresa Duke, testified that claimant did not have anything in her hands and the cabinet door was not yet open when the injury occurred. Duke noted that based upon the placement of claimant's feet at the time of the injury, she did not believe that claimant had twisted to reach her position.The simple act of bending over is a hazard to which all people are exposed and, absent a finding that claimant was involved in a significant exertion, awkward position, or other employment-related hazard, she is not entitled to an award of compensation benefits. See Plumb Rite Plumbing Serv. v. Barbour, 8 Va. App. 482, 484, 382 S.E.2d 305, 306 (1989). "The mere happening of an accident at the workplace, not caused by any work related risk or significant work related exertion, is not compensable." Id.
Based upon this record, I find that no credible evidence proved that claimant engaged in any significant exertion, that her action of bending involved any awkward position, or that any condition or hazard peculiar to her workplace caused her injury , aside from the usual act of bending to pick up a piece of paper.For these reasons, I would reverse the commission's decision awarding benefits to claimant.
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