Michael BERNARD v. CARLSON COMPANIES-TGIF and Indemnity Insurance Company of North America

KELSEY, Judge.

The Virginia Workers’ Compensation Commission denied a claim filed by Michael Bernard, a restaurant waiter who “attempted to swallow a piece of quesadilla that was too big for his esophagus.” Appellant’s Br. at 10. The commission found Bernard’s injury occurred in the course of his employment but not as a result of an actual risk of employment. *403Agreeing with the commission’s legal reasoning and deferring to its factfinding, we affirm.

I

We view the evidence on appeal in the light most favorable to Bernard’s employer, “the prevailing party before the commission.” Dunnavant v.…