COURT OF APPEALS OF VIRGINIA 

Present: Judges Koontz, Bray and Senior Judge Hodges 

RUTH ANN JONES (WIFE), 

 SUSAN D. JONES (DAUGHTER), AND 

 ESTATE OF JOHNNIE L. JONES (DECEASED) 

v. Record No. 0005-95-2 MEMORANDUM OPINION*

 PER CURIAM 

LOUISE OBICI MEMORIAL HOSPITAL MAY 16, 1995 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Annette Miller; Parker, Pollard & Brown, on brief), 

for appellants. 

 (George J. Dancigers; Colleen T. Dickerson; Heilig, 

McKenry, Fraim & Lollar, on brief), for appellee. 

 Ruth Ann Jones, wife, Susan D. Jones, daughter, and the 

Estate of Johnnie L. Jones (deceased) (hereinafter collectively 

referred to as "appellants") contend that the Workers' 

Compensation Commission erred in finding that the evidence did 

not prove that Johnnie Jones' April 27, 1992 heart attack arose 

out of his employment with Louise Obici Memorial Hospital. 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 appeal, we view the evidence in the light most favorable 

to the prevailing party below. R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). A 

 

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

designated for publication. 
 2 

finding of the commission that an injury did or did not arise out 

of the employment is a mixed finding of law and fact and is 

properly reviewable on appeal. City of Richmond v. Braxton, 230 

Va. 161, 163-64, 335 S.E.2d 259, 261 (1985). 

 In order to recover, a claimant must show that he suffered 

an injury by accident "arising out of and in the course of his 

employment." Code § 65.2-101. "The phrase arising 'out of' 

refers to the origin or cause of the injury." County of 

Chesterfield v. Johnson, 237 Va. 180, 183, 376 S.E.2d 73, 74 

(1989). Unless we can say as a matter of law that the 

appellants' evidence sustained their burden of showing that 

Jones' heart attack arose out of his employment on April 27, 

1992, the commission's findings are binding and conclusive upon 

us. Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 173 

S.E.2d 833, 835 (1970). 

 In holding that the evidence did not prove that Jones' heart 

attack arose out of his employment, the commission found as 

follows: 

 After careful review of the record the 

Full Commission on review finds that the 

evidence fails to establish that the 

claimant's fatal heart condition arose out of 

his employment. There is no evidence that 

the decedent was engaged in any unusual or 

strenuous work task prior to being stricken. 

 For approximately 15 to 20 minutes the 

claimant waited for the steam pressure to 

decrease. In addition the medical evidence 

fails to establish any causal connection 

between the claimant's employment and his 

death. The reports indicate only severe 

atherosclerosis. 
 3 

 Based upon the lack of any medical evidence causally 

relating Jones' work activity on April 27, 1992 to his heart 

attack, coupled with the medical evidence indicating that Jones 

suffered from severe atherosclerosis, we cannot say as a matter 

of law that the appellants' evidence sustained their burden of 

proving that Jones' heart attack arose out of his employment. 

Moreover, the testimony of Jones' co-worker, Verlin E. Bright, 

supports the commission's finding that there was no evidence that 

Jones engaged in any unusual or strenuous work prior to his heart 

attack. 

 Accordingly, we affirm the commission's decision. 

 Affirmed.