Legal Opinion · Dissent

Cleveland v. FOOD LION, LLC 0578

Court of Appeals of Virginia

Decided August 3, 2004No. 2615034Published

1DissentBenton, Judge

The principle is long standing “that the words ‘arising out of and in the course of the employment’ should receive a liberal construction in order to carry out the humane and beneficent purposes of the act.” Bradshaw v. Aronovitch, 170 Va. 329, 336, 196 S.E. 684, 686 (1938). Equally well established is the following definitional test:

[A]n injury “arises ‘out of the employment, when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Under this…

2Cases cited12 opinions

  1. Bountiful Brick Co. v. GilesSupreme Court of the United States · 1928
  2. Bradshaw v. AronovitchSupreme Court of Virginia · 1938
  3. Brown v. ReedSupreme Court of Virginia · 1969
  4. De Hoyos v. Industrial CommissionIllinois Supreme Court · 1962
  5. Barnes v. StokesSupreme Court of Virginia · 1987

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