Marketing Profiles, Inc. v. Hill

Bray, X, with whom Baker, X and Koontz, X

join, dissenting.

Because the majority construes the “actual risk test” to support an award of workers’ compensation benefits for all unexplained injuries suffered in the course of employment on a street or highway, we respectfully dissent.

In order to recover, Hill must prove, by a preponderance of the evidence, (1) an injury by accident,1 (2) arising out of and (3) in the course of his employment. Baggett Transp. Co. v. Dillon, 219 Va. 633, 636, 248 S.E.2d 819, 821 (1978); see Code § 65.2-101. Employer’s challenge to the sufficiency of Hill’s evidence…