Dan River, Inc. v. Giggetts

ANNUNZIATA, Judge.

The appellant, Dan River, Inc., contends on appeal that the appellee, Henry Junior Giggetts, is not entitled to workers’ compensation benefits because: (1) Giggetts’ willful misconduct precludes compensation, pursuant to Code § 65.2-306; (2) Giggetts did not experience a compensable injury by accident that arose out of, as well as in the course of, his employment; (3) Giggetts’ alleged disability was caused by a pre-existing condition; and (4) Giggetts failed to market his remaining capacity to work. For the reasons that follow, we affirm.

BACKGROUND

Consistent with…