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'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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