City of Norfolk v. Lillard

Opinion

FITZPATRICK, J.

The City of Norfolk (the city) contends that the Workers’ Compensation Commission erred in awarding occupational disease benefits to David B. Lillard (claimant), who was employed by the city as a fire captain for nineteen years. The issues on appeal are whether the employer’s evidence rebutted the presumption provided by former Code § 65.1-47.1 1 and whether the commission erred in its determination of the quantum of factual evidence necessary to rebut the statutory presumption. We hold that, because the employer’s rebuttal evidence neither excluded a work-related factor…