Legal Opinion

Owens v. Virginia Department of Transportation/Commonwealth

Court of Appeals of Virginia

Decided June 15, 1999No. Record 2793-98-3PublishedCited by 9 opinions

1Opinion of the Court

COLEMAN, Judge.

Major Ridley Owens appeals the Workers’ Compensation Commission’s decision denying him benefits for the aggravation of his Post-Traumatic Stress Disorder (PTSD), allegedly caused by the sound of a utility cover dropping behind him. The commission held that Owens failed to prove by a preponderance of the evidence that the startling sound gave rise to a compensable psychological injury by accident. According to the commission, the noise was neither out of the ordinary for Owens’s workplace nor so dramatic or frightening as to shock the conscience. Owens contends the evidence was…

2Cases cited6 opinions

  1. R. G. Moore Building Corp. v. MullinsCourt of Appeals of Virginia · 1990
  2. Tomko v. Michael's Plastering Co.Supreme Court of Virginia · 1970
  3. James v. Capitol Steel Construction Co.Court of Appeals of Virginia · 1989
  4. Burlington Mills Corp. v. HagoodSupreme Court of Virginia · 1941
  5. Chesterfield County/Fire Dept. v. DunnCourt of Appeals of Virginia · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McGrath v. State Department of Public SafetyNevada Supreme Court · 2007
  2. Anthony v. Fairfax County Department of Family ServicesCourt of Appeals of Virginia · 2001
  3. Samuel Paul Jackson v. Ceres Marine Terminals, Inc. and Tokio Marine and Nichido Fire Ins. Co., Ltd.Court of Appeals of Virginia · 2015
  4. Artis v. Ottenberg's Bakers, Inc.Court of Appeals of Virginia · 2005
  5. Artis v. Ottenberg's Bakers, Inc.Court of Appeals of Virginia · 2005

4 more not listed; retrieve them via the Exa API.

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