Legal Opinion · Concurrence

Chesterfield County/Fire Dept. v. Dunn

Court of Appeals of Virginia

Decided February 27, 1990No. Record No. 1246-88-2Published

1ConcurrenceBenton, J.

I concur in reversing the decision of the commission; however, I do not join in the reasoning stated in the majority’s opinion.

Virginia’s Workers’ Compensation Act defines “injury” to mean “injury by accident.” Code § 65.1-7. Thus, “there is no occasion, as a matter of grammar, to read the phrase as if it referred to ‘an accident,’ and then proceed to conduct a search for ‘the accident.’” IB A. Larson, The Law of Workmen’s Compensation § 37.20 (1987) (emphasis in original text). However, in Morris v. Morris, 238 Va. 578, 385 S.E.2d 858 (1989), the Supreme Court explained that the component of…

2Cases cited11 opinions

  1. Morris v. MorrisSupreme Court of Virginia · 1989
  2. Crisp v. Brown's Tysons Corner Dodge, Inc.Court of Appeals of Virginia · 1986
  3. Burlington Mills Corp. v. HagoodSupreme Court of Virginia · 1941
  4. Celanese Fibers Co. v. JohnsonSupreme Court of Virginia · 1985
  5. COM., DEPT. OF CORRECTIONS v. PowellCourt of Appeals of Virginia · 1986

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API