Armada, Inc. v. Lucas

Opinion

DUFF, J.

Eric D. Lucas died on August 1, 1984, as the result of an industrial accident arising out of and in the course of his employment. His employer appeals from an award of the Industrial Commission, in which one commissioner dissented, finding that Sara Lucas was dependent upon her husband at the time of his death and awarding her benefits pursuant to Code § 65.1-66.

There are two questions to be answered in this appeal. First, does the so-called “Deadman’s Statute,” Code § 8.01-397, apply in hearings before the Industrial Commission? The Commission held that the section does not…