critical link established where claimant fell from a height when executing an awkward maneuver to get out of his truck cab using a worn, rusted step
How later courts described this case
- critical link established where claimant fell from a height when executing an awkward maneuver to get out of his truck cab using a worn, rusted step
- upholding an award to claimant for an injury caused by a six and a half-foot fall from a front-end loader loaded onto a flatbed trailer
- employee described his activities immediately before his fall
Written by the judges who cited it.
The opinion
McCLANAHAN, J.,
dissenting.
I see no appreciable distinction between this case and PYA/Monarch v. Harris, 22 Va.App. 215 , 468 S.E.2d 688 (1996). The majority points to differences in PYA/Monarch and the instant case, but such differences are not material to *318 the ratio decidendi of PYA/Monarch . Furthermore, the majority, like the commission, bases its decision on Basement Waterproofing v. Beland, 43 Va.App. 352 , 597 S.E.2d 286 (2004); however, the clear distinction between the instant case and Beland is that here, unlike Beland, the claimant was not in a “uniquely dangerous” position at the time of his injury. Id. at 360 , 597 S.E.2d at 290 ; cf. Turf Care, Inc. v. Henson, 51 Va.App. 318 , 657 S.E.2d 787 (March 4, 2008). For these reasons, I would reverse the commission’s decision in this case. I therefore respectfully dissent.