Town of Waverly Law Enforcement v. Owens

WILLIAM G. PETTY, Judge.

Appellants, Town of Waverly Law Enforcement and Virginia Municipal Group Self-Insurance Association (collectively, “employer”), appeal a decision of the Workers’ Compensation Commission granting Owens benefits. Employer argues that the commission erroneously applied the presumption of occupational disease as provided in Code § 65.2-402(B). Based on the record before us, we determine that the commission applied the law correctly; thus, we affirm.

I. Background

On appeal, we construe the evidence in the light most favorable to Owens, as the party prevailing below. Whitlock…