Southern Express v. Green

In Southern Express v. Green, 257 Va. 181, 187, 509 S.E.2d 836, 839 (1999), the employee had worked for four hours stacking drinks in a walk-in cooler at a convenience store. While working in the cooler, the employee developed chilblains, resulting from her exposure to the cold temperature in the cooler. In finding that the employee had suffered an "injury by accident," the Virginia Supreme Court stated: The evidence in this case shows that Green's chilblains were not an "injury of gradual growth . . . caused by the cumulative effect of many acts done or many exposures to conditions prevalent in the work, no one of which can be identified as the cause of the harm . . . ." Instead, the chilblains were "the result of some particular piece of work done or condition encountered on a definite occasion . . . ." In other words, Green's chilblains resulted from a single exposure to cold temperature on a definite occasion during the performance of a specific piece of work, i.e., an "identifiable incident." It was not caused by repeated exposures over a period of months or years. Green, 257 Va. at 189, 509 S.E.2d at 841. The Supreme Court of Virginia considered "whether chilblains that the claimant suffered as a result of being exposed to cold temperature in a walk-in cooler during a four-hour period constituted an 'injury by accident' under the Act." Id. at 183, 509 S.E.2d at 837. When the claimant filed her claim for compensation benefits, she alleged an "injury by accident" under Code 65.2-101. Outlining the appropriate test, the Supreme Court wrote: To establish an "injury by accident," a claimant must prove: (1) that the injury appeared suddenly at a particular time and place and upon a particular occasion; (2) that it was caused by an identifiable incident or sudden precipitating event; (3) that it resulted in an obvious mechanical or structural change in the human body. Id. at 187, 509 S.E.2d at 839. In Green, the Supreme Court concluded that the claimant's chilblains were not an "'injury of gradual growth . . . caused by the cumulative effect of many acts done or many exposures to conditions prevalent in the work, no one of which can be identified as the cause of the harm . . . .'" Id. at 189, 509 S.E.2d at 841. Rather, the evidence established that the chilblains were "the result of some particular piece of work done or condition encountered on a definite occasion . . . ." Aistrop, 181 Va. at 293, 24 S.E.2d at 548. In other words, Green's chilblains resulted from a single exposure to cold temperature on a definite occasion during the performance of a specific piece of work, i.e., an "identifiable incident." Morris, 238 Va. at 589, 385 S.E.2d at 865. It was not caused by repeated exposures over a period of months or years. Id.