Marion Correctional Treatment Center appeals an award of medical benefits by the Workers’ Compensation Commission to the appellee, Garland L. Henderson. The sole issue on appeal is whether the evidence was sufficient to support the commission’s finding that appellee’s injury “arose out of’ his employment.
Garland Henderson is a correctional officer at the Marion Correctional Treatment Center. He testified that on April 23, at approximately 10:15 p.m. as he was returning to the main building,
I’d just got through acknowledging the tower officer in tower two, which is to the left of the steps, and I started down the steps and I was looking at tower one to see if the officer there was seeing me coming. And, I went to put my right foot down on I think it’s the third or fourth step, which it’s in the report but I can’t remember which one it was. My heel slid off the steps, I had onto the rail, and I put all the weight on the left knee when I did. I didn’t actually fall, but when my foot slipped down to the next step on the right foot all my weight to my left knee and when I went something popped in my knee.
The commission found that, because Henderson’s job responsibilities caused him to watch the tower guards rather than the steps, how he performed his job provided the “critical link” between the conditions of the workplace and the injury, and therefore, Henderson’s injury arose out of his employment.
See County of Chesterfield v. Johnson,
Virginia has adopted an “actual risk” test and has rejected the “positional risk” test followed by other jurisdictions.
See Johnson,
. Officer Henderson testified at the evidentiary hearing that he was “trained to observe” and that his work duties included “[a]ll security, security and safety of the inmates and the other employees.” Henderson testified that every time he walked through the correctional unit, he checked the tower officers “to make sure they’re alert and just wave at them and have them wave back.” Henderson testified that on the day he slipped, he had just acknowledged tower two, was descending the stairs, and was observing tower one when the accident occurred. Observation of the guard towers was one of the security functions of his employment. The way in which he performed this aspect of his job increased his risk of falling on this occasion and directly contributed to cause his fall and
injury.
Cf. Fetterman,
Affirmed.
