Southside Virginia Training Center Commonwealth of Virginia v. Shell
In Southside Virginia Training Center Commonwealth of Virginia v. Shell, 20 Va. App. 199, 202, 455 S.E.2d 761, 763 (1995), claimant fell while traversing steps on her way to retrieve a medical file. Shell, 20 Va. App. at 201, 455 S.E.2d at 762.
Claimant admitted there was nothing unusual about the steps and that she fell when she turned to look at a client who was "'recreating.'" Id.
Claimant did not state "the client was the direct cause of her inadvertence to the stairs." Id. at 203, 455 S.E.2d at 763.
The Court found no defect in the stairs and no evidence that claimant was hurried or distracted by her employment duties. Shell, 20 Va. App. at 203-04, 455 S.E.2d at 763-64.
The Court concluded a condition of the employment did not cause claimant to fall on the stairs and, therefore, the injury did not arise out of her employment.