Russell County Med Center, et al v Curtis E Chaney

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Coleman, Willis and Senior Judge Hodges
Argued at Salem, Virginia
RUSSELL COUNTY MEDICAL CENTER
and
CONTINENTAL CASUALTY COMPANY MEMORANDUM OPINION* BY
v. 	Record No. 1971-94-3 	JUDGE JERE M. H. WILLIS, JR.
MAY 9, 1995
CURTIS E. CHANEY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Christen W. Burkholder (Woodward, Miles &
Flannagan, P.C., on briefs), for appellants.
Gregory R. Herrell (Arrington, Schelin &
Herrell, P.C., on brief), for appellee.
Russell County Medical Center and Continental Casualty
Company appeal the decision of the Virginia Workers' Compensation
Commission awarding Curtis E. Chaney temporary total disability
benefits from April 20, 1993 to August 13, 1993 and the
reasonable cost of medical care. 	Russell County Medical Center
contends that Chaney's injury did not arise out of his employment
as required by Code § 65.2-101. 	We find no error and affirm.
"In order for an injured worker to recover under the
[Workers' Compensation] Act, he must prove an injury by accident
'arising out of and in the course of the employment.'" 	County of
Chesterfield v. Johnson, 237 Va. 180, 183, 376 S.E.2d 73, 75
(1989). 	An injury does not arise out of employment if it is
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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caused by "a hazard to which the employee would have been equally
exposed apart from the employment." 	Id.
Preparing to give an injection to a patient suffering an
anaphylactic reaction, Chaney was walking down the hall while
reading the patient's chart. 	He reached up to rub his head and
because his attention was focused on the chart, he failed to see
a door jamb. 	He struck his elbow on the jamb, causing his
knuckle to injure his eye.
The commission found that "[w]alking while reading a chart
is a hazard created by the circumstances of the job." 	The
evidence supports this finding.
The judgment of the commission is affirmed.
Affirmed.