Stillwell v. Lewis Tree Service, Inc.

HUMPHREYS, Judge.

Appellant Ty Stillwell (“Stillwell”) appeals a decision from the Virginia Workers’ Compensation Commission denying disability and medical benefits for a shoulder injury he incurred during a fight with a co-employee. Stillwell contends that the commission erroneously determined that he was at least partially responsible for causing the fight and, thus, that the so-called “aggressor defense” barred his recovery of benefits for that injury. For the reasons that follow, we hold that the commission did not err and, therefore, affirm the denial of benefits.

I. BACKGROUND

On appeal,…