Legal Opinion

Bosworth v. 7-Up Distributing Co.

Court of Appeals of Virginia

Decided April 21, 1987No. Record No. 0464-86-2PublishedCited by 28 opinions

1Opinion of the Court

Opinion

BENTON, J.

The appellant, Neva J. Bosworth, contends that the commission erred in excluding from its computation of her deceased husband’s average weekly wage the amount of a weekly automobile allowance paid to him by his employer, 7-UP Distributing Company of Fredericksburg, Inc. We conclude that the commission did not err and affirm the award.

The stipulated facts before the commission were brief. Robert Bosworth was killed in an automobile collision arising out of and in the course of his employment as a traveling salesman for 7-UP. Bosworth used his own automobile for his…

2Cases cited4 opinions

  1. P & L Const. Co., Inc. v. LankfordTennessee Supreme Court · 1978
  2. Moorehead v. Industrial CommissionCourt of Appeals of Arizona · 1972
  3. Layne Atlantic Co. v. ScottDistrict Court of Appeal of Florida · 1982
  4. John Driggs Co., Inc. v. SomersSupreme Court of Virginia · 1985

3Cited by28 opinions

  1. Stephen v. Avins Construction Co.Court of Appeals of South Carolina · 1996
  2. BAY CONCRETE CONST. CO., INC. v. DavisCourt of Appeals of Virginia · 2004
  3. Arlington County Fire Department v. StebbinsCourt of Appeals of Virginia · 1996
  4. Smith v. Robert W. SmithCourt of Appeals of Virginia · 2000
  5. Southwest Architectural Products, Inc. v. SmithCourt of Appeals of Virginia · 1987

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