BERNARD v. CARLSON COMPANIES-TGIF

Record No. 2590-11-2.

728 S.E.2d 508 (2012)

60 Va. App. 400

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

Court of Appeals of Virginia, Richmond.

July 17, 2012.


Attorney(s) appearing for the Case

Joel W. Young (Law Offices of Wesley G. Marshall, PLC, on brief), for appellant.

R. Ferrell Newman (Newman & Wright, RLLP, on brief), for appellees.

Present: FELTON, C.J., and FRANK and KELSEY, JJ.


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. Agreeing with the commission's legal reasoning and deferring to its factfinding, we affirm.

I.

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