delivered the opinion of the Court.
This is an appeal from the Court of Appeals in a worker’s compensation case in which the sole issue was whether the injured worker’s injuries arose out of his employment, within the meaning of the Worker’s Compensation Act (the Act). The Industrial Commission (the Commission) held that the injuries complained of did not arise out of the employment. The Court of Appeals reversed. We granted the appeal because we deem it to be of significant
The facts found by the Commission served as the basis of the Court of Appeals’ decision. Those facts are as follows: Calvin L. Johnson, who was employed as a water filter operator in a Chesterfield Cоunty water treatment plant, accidentally injured his knee while at work on October 4, 1985. Johnson had descended steps to the basement of the plant to turn off certain pumps. As he started to leave the basement, he remembered — just as he got to the first step on the stairs — that he needed to check a certain meter to insure that it was functioning properly. He turned around on the first step to go back to the equipment. As he turned, his knee gave wаy and he fell to the floor.
Johnson did not slip, trip, stumble, or take an awkward step when his knee gave way. His knee gave way before he fell. When he fell, there was no evidence that he struck his knee. The steps were not defеctive. They were well-lighted. Johnson was wearing safety shoes which, according to him, hurt his feet but he gave “no explanation as to how this caused his knee to give way.”
The Commission concluded further that Johnson “sustained the injury before there was any fall.” The Commission also stated that “in the case now before us we do not find any [risks inherent in the employment environment] that have contributed to the employee’s knee giving way prior to the fall.”
The Court of Apрeals reversed the Commission decision on the ground that the Commission had misapplied the law.
Johnson
v.
Chesterfield County,
According to thе Court of Appeals, the Commission made a mistake of law when the Commission said “that there were no ‘risks in traversing the steps . . . inherent in the employment environment’ ” because that statement suggests “a need to prove that the employment created a greater degree of risk in ‘traversing the steps.’ ” Id. The Court of Appeals stated further that the “employee was only required to show that his employment required him to use the steps as he did and that this, not sоme unknown cause, caused the injury to his knee.” Id.
The Court of Appeals stated that “[tjhere is no question that the employee was on the mission of his employer when he found it necessary to turn around on the stairway which he was ascending. The attending physician reported that the employee’s knee injury resulted from a twist type injury to his right knee at work. This was unrebutted evidence of a causal connection between the employee’s work and thе injury.”
Id.
at 20-21,
In order for an injured worker to recover under the Act, he must prove an injury by accident “arising out of
and
in the course of the employment.” Code § 65.1-7 (emphasis added). The phrases arising “out of’ and arising “in the course of’ are separate and distinct. We have long held that they mean different things and that proof of both is essential to recovery under the Act.
See Bradshaw
v.
Aronovitch,
In
Fetterman,
we said that “[a]n accident arises out of the employment when there is a causal connection between the claimant’s injury and the conditions under which the employer requires the work to be performed.”
Id.
at 258,
The sole issue in
Central State Hospital
v.
Wiggers,
In
Richmond Mem. Hosp.
v.
Crane,
Johnson’s case does not differ from Fetterman, Wiggers, and Crane. It suffers from the same essеntial failing. Johnson nowhere shows that his work environment contributed to his injury.
Here, Johnson failed to establish any connection between the steps and his injury. The injury could just as well have oc
curred upon a turn on the floor. In oral argument, Johnson’s counsel was asked whether the injury would have been compensable had Johnson made his turn on the floor instead of upon a step. He said, “yes.” In our opinion, this response points out a fundamental misunderstanding of thе “arising out of ” factor in workers’ compensation cases in the Commonwealth. In Virginia, we apply the “actual risk” test to determine whether workplace injuries are
The Court of Appeals found that the injury arose out of the employment for two reasons: first, because Johnson was on a mission of his employer when he fоund it necessary to turn around; second, because the twist-type injury was sustained at work. Being on the employer’s mission has nothing to do with the conditions of the workplace. It has to do with being in the course of employment. In Fetterman, the injured еmployee was actually in the process of moving packages when he paused to tie his shoelaces. With his shoelaces untied, Fetterman could not have properly made his deliveries. He was plainly on his еmployer’s mission. Nevertheless, untied shoelaces simply had nothing whatever to do with the conditions under which he was required to work.
The fact that the injury occurred at work adds nothing and answers nothing, when the inquiry is, did the injury arise out of the employment. It simply helps prove the “in the course of ” prong of the compensability test. But, here, that issue was never in dispute.
Johnson relies upon
Reserve Life Ins. Co.
v.
Hosey,
In Hosey, unlike here, something was unusual about the steps on which the injury occurred. They were slightly higher than normal. Moreover, Hosey sustаined an injury while she was in the act of climbing to the top step in that slightly unusual series of steps. Those facts were crucial to the decision in
Hosey. See Crane,
In its opinion in the instant case, the Court of Appeals stated that
Hosey
supported its conclusion of compensability because the unusual nature of the steps on which Hosey was injured was not vital to the decision. In making this statement, the Court of Appeals cited its own decision in
Hercules, Inc.
v.
Stump, 2
Va. App. 77,
We hold, therefore, that the Court of Appeals erred in failing to maintain the distinction between arising “out of’ and arising “in the course of’ employment. Therefore, we will reverse the judgment complained of and enter final judgment for the employer.
Reversed and final judgment.
