Legal Opinion

Allstate Messenger Service & Travelers Insurance v. James

Supreme Court of Virginia

Decided April 18, 1980No. Record 790736PublishedCited by 7 opinions

1Per curiam

The sole issue on this appeal is whether the evidence was sufficient to support a finding by the Industrial Commission that a claimant of death benefits under the Workmen’s Compensation Act was the child of the deceased employee.

Larry Williams, an employee of Allstate Messenger Service, was killed in an accident compensable under the Act. Purporting to be decedent’s son, Brian Donnell James, an infant suing by his mother, Velma James, filed a claim for death benefits against Allstate and its insurer, Travelers Insurance Company. Decedent’s mother withdrew her claim in favor of the infant’s…

2Cases cited5 opinions

  1. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  2. Lalli v. LalliSupreme Court of the United States · 1978
  3. Carroll v. SneedSupreme Court of Virginia · 1971
  4. National Surety Co. v. LeeSupreme Court of Virginia · 1929
  5. Brown v. Commonwealth Ex Rel. CustisSupreme Court of Virginia · 1977

3Cited by7 opinions

  1. Cassady v. MartinSupreme Court of Virginia · 1980
  2. Jones v. RobinsonSupreme Court of Virginia · 1985
  3. Birdsong Peanut Co. v. CowlingCourt of Appeals of Virginia · 1989
  4. Smith v. GivensSupreme Court of Virginia · 1982
  5. Commonwealth v. DysonVirginia Circuit Court · 1988

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