Legal Opinion
Wyle v. Professional Services Industries, Inc.
Court of Appeals of Virginia
Decided June 18, 1991No. Record No. 0996-90-4PublishedCited by 5 opinions
1Opinion of the Court
Opinion
MOON, J.
Barry H. Wyle seeks reversal of an Industrial Commission decision denying him benefits because of his willful misconduct. We hold that the evidence was not sufficient to show that he was guilty of willful misconduct by failing to report an OSHA violation. However, we reverse and remand for the Industrial Commission to reconsider whether his willful misconduct of voluntary intoxication was a proximate cause of his injuries.
Code § 65.1-38 provides in pertinent part:
No compensation shall be allowed for an injury or death (1) Due to the employee’s willful misconduct .... (3) Due to…
2Cases cited4 opinions
- Osborne v. Salvation ArmyCourt of Appeals for the Second Circuit · 1939
- Williams v. Benedict Coal Corp.Supreme Court of Virginia · 1943
- American Safety Razor Co. v. HunterCourt of Appeals of Virginia · 1986
- APV Crepaco, Inc. v. Alltransport Inc.District Court, E.D. Virginia · 1987
3Cited by5 opinions
- Imperial Trash Service v. DotsonCourt of Appeals of Virginia · 1994
- Cadmus Magazines & Royal Ins.Co.v Anthony WilliamsCourt of Appeals of Virginia · 1999
- John E. Jenkins v. North American Van Lines, Incorporated Charles E. GereCourt of Appeals for the Fourth Circuit · 1995
- Elco Concrete Co., Inc. v. David TracyCourt of Appeals of Virginia · 1996
- Ruprai v. Virginia Employment CommissionFairfax County Circuit Court · 2000