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ECCON CONST. CO. v. LUCAS

Record No. 800435.

273 S.E.2d 797 (1981)

ECCON CONSTRUCTION COMPANY and Aetna Casualty & Surety Company v. Lillie Mae LUCAS.

Supreme Court of Virginia.

January 16, 1981.

Attorney(s) appearing for the Case

R. Craig Jennings, Arlington (Slenker, Brandt, Jennings & Johnston, Arlington, on brief), for appellants.

Carroll E. Smith, Fredericksburg (Woodbridge, Smith, Scott, Van Lear & Bass, Fredericksburg, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

POFF, Justice.

Eccon Construction Company, Inc., and its insurer, Aetna Casualty & Surety Company (collectively, the employer), appeal from an Industrial Commission order awarding workmen's compensation death benefits to the claimant, Lillie Mae Lucas, widow of Newton Lucas, Jr. Raising two questions, the employer first contends that the evidence fails to prove the occurrence of an industrial accident.

On the morning of October 24, 1978, Lucas, a carpenter...

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