Burkhardt v. Inova Alexandria Hospital Inova Health System Foundation, 062921 VAWC, VA00001679288

• Case Date: June 29, 2021
• Court: Virginia

KELLY BURKHARDT v. INOVA ALEXANDRIA HOSPITAL INOVA HEALTH SYSTEM FOUNDATION, Insurance Carrier GALLAGHER B AS SETT SERVICES INC, Claim Administrator Jurisdiction Claim No. VA00001679288 Virginia Workers' Compensation Commission June 29, 2021           Date of Injury November 10, 2019           Michele Lewane, Esquire For the Claimant.           Lynne McHale Fitzpatrick, Esquire For the Defendant.           Claim Administrator File No. 005039046231WC01          OPINION           MARSHALL Commissioner          REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          The defendant requests review of the Deputy Commissioner's March 2, 2021 Opinion finding the claimant suffered a compensable injury by accident arising out of the employment. We AFFIRM.          I. Material Proceedings          The claimant alleged a compensable right knee injury occurring November 10, 2019, and compensable consequences including a pulmonary embolism, deep vein thrombosis, and pulmonary hypertension. She sought medical benefits and temporary total disability beginning November 11, 2019 and continuing.          The defendant asserted the claimant did not experience a compensable injury by accident arising out of her employment, and that her disability and need for medical treatment were not causally related to the accident.          Following an evidentiary hearing, the Deputy Commissioner issued a March 2, 2021 Opinion finding the claimant proved a compensable injury by accident arising out of her employment. He found the claimant, a neonatal intensive care nurse, to be a candid and credible witness. She testified that she injured her right knee while mopping up a puddle of liquid from the employer's bathroom floor by pushing around paper towel with her foot. The Deputy Commissioner rejected the argument that the accident did not arise out of the employment, explaining:

Although experiencing a knee injury in the manner described by the claimant is arguably not an actual risk of her employment as a neonatal intensive care nurse, we credit the claimant's testimony that she wanted to avoid soiling her pants and therefore attempted to mop the urine from the floor before using the toilet. We infer that wearing urine-soaked clothing is incompatible with the claimant's job caring for premature infants, and determine it was completely reasonable for her to try to avoid soiling her pants before returning to work as a neonatal intensive care nurse. We also determine that the claimant was acting in furtherance of the employer's mission by not taking a bathroom break while busy, and that the resulting urgency was not unexpected. We therefore determine that a causal relationship exists between

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