Thorpe v. Clary

KELSEY, Judge.

In this case, the claimant appeals the Workers’ Compensation Commission’s holding that she failed to prove her de ceased husband’s average weekly wage was $2,500. Finding no error of law in the commission’s reasoning or any irrationality in its factfinding, we affirm.

I

We view the evidence on appeal in the light most favorable to “the prevailing party before the commission.” Dunnavant v. Newman Tire Co., 51 Va.App. 252, 255, 656 S.E.2d 431, 433 (2008).

Matthew Alson Thorpe owned a self-storage facility and operated a side business known as Alson’s Ornamental Iron. Eric McMahon…