Legal Opinion · Dissent

Leadbetter, Inc. v. Penkalski

Court of Appeals of Virginia

Decided June 6, 1995No. Record No. 1457-94-2Published

1DissentBenton, Judge

An employee is entitled to recover compensation for an aggravation or exacerbation of a compensable injury by accident even when the event that caused the aggravation or exacerbation did not involve the workplace. See 1 Arthur Larson, Workmen’s Compensation Law, §§ 13.00-13.24 (1994). See also Wilson v. Workers’ Compensation Com’r, 174 W.Va. 611, 328 S.E.2d 485, 489 (W.Va.1984). “It is well established that where ... the chain of causation from the original industrial injury to the condition for which compensation is sought is direct, and not interrupted by any intervening cause attributable…

2Cases cited8 opinions

  1. American Furniture Co. v. DoaneSupreme Court of Virginia · 1985
  2. Rose v. Red's Hitch & Trailer Services Inc.Court of Appeals of Virginia · 1990
  3. Eppling v. Schultz Dining ProgramsCourt of Appeals of Virginia · 1994
  4. Bergmann v. L & W DRYWALLSupreme Court of Virginia · 1981
  5. Wilson v. Workers' Compensation CommissionerWest Virginia Supreme Court · 1984

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