Lane Co. v. Saunders - 229 Va. 196, 326 S.E.2d 702 (1985)

Rule:

In order to show that a claimant has suffered an "injury by accident" arising out of ordinary exertion, a claimant must prove an identifiable incident that occurs at some reasonably definite time, which is the cause of an obvious sudden mechanical or structural change in the body.

Facts:

Appellee claimant was working for the appellant employer, a furniture company. He was removing table tops from a machine and stacking them on a truck. The appellee claimant stated that he experienced back pain when he entered his car to drive home after doing such work. He was treated by a physician under a diagnosis of sciatic nerve pain. When this treatment failed to improve his condition, he was referred to a neurosurgeon who diagnosed a herniated intervertebral disc, which was ultimately removed surgically. The appellee claimant applied for compensation, but the appellant employer defended the claim, contending that no industrial accident had been shown resulting in an injury which would be compensable under Code § 65.1-7. After hearing the evidence, a deputy commissioner determined that the appellee claimant had carried his burden of proving an industrial accident and awarded benefits. The full Commission affirmed. Appellant employer challenged the decision. 

Issue:

Did the appellee claimant carry his burden of proving an industrial accident, thereby entitling him to benefits? 

Answer:

No.

Conclusion:

The court reversed and vacated the award. The claimant proved no accident, identifiable accident, or sudden precipitating event to which his disc herniation could have been attributed. No evidence was available to show whether it developed suddenly or was gradually incurred and cumulative. Thus, there was no credible evidence before the Commission to support its finding that the claimant sustained an injury by accident.