COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Fitzpatrick 

MOUNTAIN LAKE 

AND 

TRANSPORTATION INSURANCE COMPANY MEMORANDUM OPINION*

 PER CURIAM 

v. Record No. 0333-96-3 AUGUST 20, 1996 

 

RAYMOND O. MEREDITH 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Richard A. Hobson, on brief), for 

appellants. 

 (James A. Hartley; Hartley, Chidester and 

Steele, P.C., on brief), for appellee. 

 Mountain Lake and its insurer (jointly referred to herein as 

employer) contend that the Workers' Compensation Commission 

(commission) erred in finding that injuries sustained by Raymond 

O. Meredith (claimant) as a result of his January 22, 1995 fall 

down a stairway arose out of his employment.1 Upon reviewing the 

record and the briefs of the parties, we conclude that this 

appeal is without merit. Accordingly, we summarily affirm the 

commission's decision. Rule 5A:27. 

 On January 22, 1995, while in the course of his employment, 

claimant fell as he attempted to descend a stairway from the 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 

 1Employer also contends that the commission committed 

reversible error by allowing claimant to speculate as to how the 

injury occurred. We disagree. The commission's decision was 

based upon claimant's uncontradicted testimony of actual events, 

not upon any alleged speculation. 
 2 

second floor of Mountain Lake Hotel. The stairway consisted of a 

flight of six or seven steps, a landing, and another flight of 

steps leading to the first floor lobby. The handrail for the 

steps did not extend all the way to the second floor landing. It 

began approximately twelve inches below the second floor landing. 

 The only sources of light for the stairway came from the second 

floor hall and two lights in the lobby. Claimant could not turn 

on any lights in the stairway because the switch was located in 

the downstairs lobby office. Although the stairway was not 

completely dark, claimant stated that there was "some light but 

not a great deal." Claimant, who has had a prosthesis on his 

right leg since 1956, placed his right foot on the stair, started 

to lean forward to grab the handrail, and fell. He testified 

that he could not see where he was putting his leg due to the 

lack of light. 

 "To prove the 'arising out of' element, [in a case involving 

injuries sustained from falling down stairs at work,] [claimant] 

must show that a condition of the workplace either caused or 

contributed to [his] fall." Southside Virginia Training Ctr. v. 

Shell, 20 Va. App. 199, 202, 455 S.E.2d 761, 763 (1995) (citing 

County of Chesterfield v. Johnson, 237 Va. 180, 184, 376 S.E.2d 

73, 76 (1989)). "Whether an injury arises out of the employment 

is a mixed question of law and fact and is reviewable by the 

appellate court." Plumb Rite Plumbing Serv. v. Barbour, 8 Va. 

App. 482, 483, 382 S.E.2d 305, 305 (1989). 
 3 

 In ruling that claimant's injuries arose out of his 

employment, the commission found that "the claimant fell while 

descending a darkened stairwell equipped with an inadequate 

railing after he stepped forward with his artificial leg. We 

believe that the evidence establishes that the conditions of the 

claimant's employment caused his fall." 

 "Where reasonable inferences may be drawn from the evidence 

in support of the commission's factual findings, they will not be 

disturbed by this Court on appeal." Hawks v. Henrico County Sch. 

Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988). Based upon 

claimant's testimony, the commission could reasonably infer that 

the lack of adequate lighting in the stairwell and the 

positioning of the handrail constituted risks peculiar to 

claimant's employment which contributed to cause his fall. 

Accordingly, the commission did not err in finding that the 

conditions of claimant's employment caused his fall and that, 

therefore, his injuries arose out of his employment. 

 For these reasons, we affirm the commission's decision. 

 Affirmed.