Vint v. Alleghany Regional Hospital

BUMGARDNER, Judge.

Donna Mae Vint appeals the Workers’ Compensation Commission’s denial of her claim for benefits. She contends the commission erred in finding that she did not suffer an injury arising out of her employment. To prevail on appeal, the claimant must establish that as a matter of law her injury arose out of the employment. See Tomko v. Michael’s Plastering, 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). We affirm the denial of benefits because the evidence fails to establish, as a matter of law, that the injury arose out of the employment.

On March 16, 1998, the claimant was…