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In other words, she argued that the compensation judge applied the incorrect legal test.
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Apparently recognizing the error the WCCA made, the majority contends that is not really concluding that this stairway was a hazard.
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We have never held that a stairway that complies with all relevant safety codes—as this one indisputably does—is a hazard.
Therefore, this case turns on whether she faced a hazard that originated on the premises as a part of the working environment.
Moreover, even if the statement was truly dicta, the majority does not identify or explain why the statement is not entitled to at least persuasive weight.
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We are thus faced with a question of law on which we must give the fact-finder no deference.
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Our obligation is to enforce both requirements in the statute.
The WCCA determined that the compensation judge applied the incorrect test by requiring the employee to demonstrate some defect or additional hazard on the stairs.
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