In the photograph, the red floor mat appears to be higher than the riser. There appears to be a thin groove in the riser. Employer further contends the commission erred in finding that a condition of claimant's employment caused her injury. The commission's decision that an accident arises out of the employment involves a mixed question of law and fact and is thus reviewable on appeal. 20 Va. App.
Employer first contends the commission applied an incorrect standard to determine compensability.
We have held that in order for a fall on stairs to be compensable there must either be a defect in the stairs or claimant must have fallen as a result of a condition of the employment. 20 Va. App. 2 Va. App. We, therefore, hold that the commission erred when it ruled that the defect must be associated with the employment. Rather, the steps must either be defective or a condition of the employment must cause the injury.