Berry v. County of Henrico

In this workmen’s compensation appeal we are again called upon to deal with the presumption created by Code § 65.1-47.1. 1 Two questions are presented, namely: (1) was the claimant entitled to the benefit of the presumption and, if so, (2) was the evidence presented before the Industrial Commission sufficient to rebut this presumption?

Ray C. Berry (claimant or Berry) suffered an acute myocardial infarction on October 3, 1976. Berry, a salaried fire fighter employed by the County of Henrico (County or employer), was not on duty at the time he suffered the heart attack. Indeed, he had worked as…