## Facts

- Shirley W. Leftwich worked for Olsten of Richmond as a customer representative performing primarily clerical duties.
- In June 1982, she suffered cervical and lumbar sprains in a non-work-related automobile accident; she returned to work by September 1982 with minor residual symptoms.
- Over a weekend in January 1983, the employer relocated its office; on Monday, January 17, 1983, Leftwich reported to work expecting her usual duties.
- She was directed to assist with moving and unpacking boxes and placing contents on shelves; she wore her customary high-heeled shoes.
- While bending to lift a box from the floor, she experienced sudden severe back pain, could not straighten up, and was transported to a hospital, where she remained about five weeks.
- Treating orthopedist Dr. John A. Ayers II diagnosed a severe lumbar sprain and opined the January 17 incident exacerbated her June 1982 injury.
- Another orthopedist, Dr. Herman Nachman, opined her condition resulted from the January 17 work incident rather than the prior accident.
- A supervisor witnessed Leftwich bend, begin lifting the box, then cry out in pain, sweat, and drop the box.

## Issues

1. Whether Leftwich’s back injury “arose out of” her employment when it occurred while lifting a box during an office move, given her preexisting back condition.
2. Whether credible evidence supported the Industrial Commission’s finding of causal connection between the assigned work activity and the resulting disability.

## Decision

- The Supreme Court of Virginia affirmed the Industrial Commission’s award of benefits.
- The Court held the injury arose out of employment because the employer-required activity of bending and lifting boxes precipitated the disabling back injury.
- The Court treated the Commission as the fact-finder and upheld its causation determination because it was supported by credible evidence, including eyewitness testimony and medical opinions.

## Legal Principles

- A compensable injury must be an “injury by accident” that “arises out of” employment, requiring a causal connection between employment conditions or required exertion and the injury.
- An injury is compensable when work-required exertion or risk aggravates or exacerbates a preexisting condition; the employer takes the employee as found.
- Appellate review defers to the Industrial Commission’s factual findings, which are conclusive if supported by credible evidence.
- A work-related precipitating event distinguishes compensable aggravation from non-compensable injuries attributable solely to personal or non-work-related causes.

## Conclusion

Because Leftwich’s disability followed immediately from a specific, employer-assigned lifting task during an office move and credible evidence supported the Commission’s causation finding, the injury was held to arise out of employment and the award of workers’ compensation benefits was affirmed.


Olsten of Richmond v. Leftwich, 336 S.E.2d 893 (Va. 1985)