Foundry v. Tune

Although I concur with the decision of the majority that the case should be reversed, I feel that we should dismiss the case *304rather than remanding it for further disposition.

A claimant has the burden of proving by a preponderance of the evidence that he is entitled to workers’ compensation. See Connor v. Bragg, 203 Va. 204, 207-08, 223 S.E.2d 393, 396 (1962); Van Geuder v. Commonwealth, 192 Va. 548, 557, 65 S.E.2d 565, 570 (1951). When a litigant fails to meet this burden of proof, the compensation must be denied. See, e.g., Badische Corp. v. Starks, 221 Va. 910, 913, 275 S.E.2d 605, 607-08…