Legal Opinion

Chesterfield County/Fire Dept. v. Dunn

Court of Appeals of Virginia

Decided February 27, 1990No. Record No. 1246-88-2PublishedCited by 32 opinions

1Opinion of the Court

Opinion

MOON, J,

The County of Chesterfield seeks reversal of an award of benefits by the Industrial Commission to Steven Dunn for a post-traumatic stress disorder. We reverse the award because we find no credible evidence to support the commission’s finding that the disability resulted from an “injury by accident.”

In order to establish an injury by accident, a claimant must prove: (1) an identifiable incident; (2) that occurs at some reasonably definite time; (3) an obvious sudden mechanical or structural change in the body; and (4) a causal connection between the incident and the bodily…

2Cases cited2 opinions

  1. Burlington Mills Corp. v. HagoodSupreme Court of Virginia · 1941
  2. Lane Co., Inc. v. SaundersSupreme Court of Virginia · 1985

3Cited by32 opinions

  1. Hoffman v. CarterCourt of Appeals of Virginia · 2007
  2. Robert Van Buren, Sr. v. Augusta County and Virginia Association of Counties Group Self InsuranceCourt of Appeals of Virginia · 2016
  3. Daniel Construction Co. v. TolleyCourt of Appeals of Virginia · 1997
  4. Ogden Aviation Services v. SaghyCourt of Appeals of Virginia · 2000
  5. Owens v. Virginia Department of Transportation/CommonwealthCourt of Appeals of Virginia · 1999

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