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Bassett-Walker Inc. v. Wyatt11/25/1997
injured claimant gradually over time.
We hold that credible evidence supports the commission's finding that the tear in claimant's medial meniscus was caused suddenly when she performed the deep knee-bend on March 13. Claimant testified that she heard a pop and felt a painful tearing sensation in her left knee as she squatted to reload the knitting machine on March 13. On March 21, Dr. Charles Kelshaw examined claimant and concluded that she had "medial meniscus damage" in her left knee. Dr. Peter L. Perry operated on claimant's knee on August 4 and discovered "a complex tear of the entire posterior horn of the medial meniscus." Dr. Perry later opined that this tear was related to the deep knee-bend performed by claimant on March 13. No evidence in the record indicates that the tear in her medial meniscus occurred gradually as a result of cumulative trauma rather than suddenly due to the particular knee-bend at issue on March 13. Because the evidence in the record supports these findings, they cannot be disturbed on appeal. See Code ยง 65.2-706(A).
In light of the foregoing reasons, we affirm the decision of the commission.
Affirmed.
Moon, J., Dissenting.
I Dissent for the reasons articulated in the March 4, 1997 panel opinion. Wyatt testified that the injury occurred before she reached a squatting position and that the motion was no different from those she carried out in everyday life in non-employment-related circumstances:
Q. And had you gotten down to the full low position when you heard the pop?
A. No, sir.
Q. All right. Where you somewhere in between the high and the low?
A. Yes, sir.
Q. So you had not even reached your full squatted position at the - - -
A. No, sir.
Q. - - time this popped; is that correct?
A. Right.
Q. And, is that a squat that you would make several times an hour?
A. Yes.
Q. And, is that a squat also that you make if you had to bend to pick up something at home, pick up around the house or whatever? Just a normal squat?
A. Yes.
Where, as here, there is no significant exertion, the action of squatting involves no awkward position, and no condition peculiar to the workplace causes the injury , the injury cannot be said to have "aris out of" employment. County of Chesterfield v. Johnson, 237 Va. 180, 185-86, 376 S.E.2d 73, 76 (1989); Grove v. Allied Signal, Inc., 15 Va. App. 17, 19-20, 421 S.E.2d 32, 34 (1992); Plumb Rite Plumbing Service v Barbour, 8 Va. App. 482, 484, 382 S.E.2d 305, 306 (1989). I therefore would reverse the commission's award of compensation.
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