George H. Samartino v. Fairfax County Fire and Rescue

HUMPHREYS, Judge.

George H. Samartino (“Samartino”) appeals the decision of the Virginia Workers’ Compensation Commission finding that he did not prove total or partial disability resulting from leukemia entitling him to benefits pursuant to Code § 65.2-402(C). In this case, the parties do not disagree that Samartino was a firefighter who had been diagnosed with an occupational disease. The only dispute was whether he was disabled as a result of his disease.

I. Background

This Court must view the evidence in the light most favorable to the prevailing party before the commission. See Crisp v.…