Robert Van Buren, Sr. v. Augusta County and Virginia Association of Counties Group Self Insurance
66 Va. App. 441
| Va. Ct. App. | 2016Background
- Claimant Robert Van Buren, a 52-year-old firefighter, assisted in extricating a ~400 lb man from a shower on July 25, 2014; the rescue took ~30–45 minutes and involved lifting, twisting, dragging, and hoisting.
- Van Buren first noticed arm/shoulder pain after the rescue; within days he sought treatment and MRI showed a C5-6 herniated disc, for which he underwent surgery.
- Van Buren filed for workers’ compensation; a deputy commissioner awarded benefits, but the full Commission reversed, finding the injury was gradually incurred/repetitive and not tied to an identifiable incident.
- Employer had submitted a letter from Van Buren’s treating physician (Dr. LaGrua) attributing the herniation, to a reasonable medical probability, to the July 25 rescue.
- The Court of Appeals reviewed the mixed question (factual findings binding if supported by credible evidence; legal issue of whether facts establish an "injury by accident" reviewed de novo) and found the Commission erred in denying compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Van Buren suffered an "injury by accident" under Va. Code § 65.2-101 (identifiable incident at a reasonably definite time causing sudden structural change) | Van Buren: the 30–45 minute rescue was a single, identifiable incident; medical evidence ties the herniation to that event | Employer: injury was gradual/repetitive or cannot be pinned to a specific moment during the rescue, so not compensable | Held: Reversed — the rescue (≈45 minutes) was an identifiable incident at a reasonably definite time; medical causation supported compensability |
Key Cases Cited
- Morris v. Morris, 238 Va. 578, 385 S.E.2d 858 (Va. 1989) (held repetitive or cumulative trauma and injuries at unknown time are not "injuries by accident")
- R & R Constr. Corp. v. Hill, 25 Va. App. 376, 488 S.E.2d 663 (Va. Ct. App. 1997) (one or several immediate events during a work period can be the sudden precipitating event even if claimant cannot identify the exact moment)
- Southern Express v. Green, 257 Va. 181, 509 S.E.2d 836 (Va. 1999) (distinguishes cumulative gradual injuries from single identifiable exposures/events that are compensable)
- Hoffman v. Carter, 50 Va. App. 199, 648 S.E.2d 318 (Va. Ct. App. 2007) (an injury need only occur within a "reasonably definite time," not an instant; multi-hour exposures can still be an identifiable incident)