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![]() ![]() ![]() The testimony of Chettiar and his co-worker, Brian Mulligan, constitutes credible evidence to support the commission's factual findings. ![]() injury occurred - 2 - because of the performance of his job duties in a particular manner." (Citation omitted.) On appeal, we view the evidence in the light most favorable to the prevailing party below. The way in which was discharging his duties as a car salesman in a competitive environment created by the employer "increased his risk of falling on this occasion and directly contributed to cause his fall. did not focus his attention on the stairs when he tripped and fell because he was rushing to reach the customer first. On the day of the accident, and other salespeople were heading quickly toward a customer. In ruling that Chettiar proved that the conditions of his employment caused him to trip on the steps, the commission found as follows: he testimony establishes that the employer's salespeople take part in an "open game" to reach customers and whoever reaches the customer first gets to attempt the sale. "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. "To prove the 'arising out of' element, must show that a condition of the workplace either caused or contributed to fall." Southside Virginia Training Ctr. Accordingly, we summarily affirm the commission's decision. * Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Chettiar proved that (1) he sustained an injury by accident arising out of his employment on Septemand (2) his medical treatment and disability due to his Charcot foot was causally related to his Septeminjury by accident. Checkered Flag Motor Car Company and its insurer (hereinafter referred to as "employer") contend that the Workers' Compensation Commission erred in finding that Thannimali V. Theisen Midkiff & Hiner, P.C., on briefs), for appellants. CHETTIAR FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Steven H. MEMORANDUM OPINION* PER CURIAM OCTOTHANNIMALI V. COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Coleman and Willis CHECKERED FLAG MOTOR CAR COMPANY AND VADA GROUP SELF-INSURANCE ASSOCIATION v. ![]()
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