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GRAND UNION CO. v. BYNUM

Record No. 821420.

307 S.E.2d 456 (1983)

GRAND UNION COMPANY v. Marian White BYNUM, Ronnie Melvin Bynum, Jr., Michelle Bynum and Shawna Bynum, Dependents of Ronnie M. Bynum, Deceased.

Supreme Court of Virginia.

September 9, 1983.

Attorney(s) appearing for the Case

Anthony M. Thiel, Norfolk (Willcox, Savage, Dickson, Hollis & Eley, P.C., Norfolk, on brief), for appellant.

Robert Frank, Norfolk (Robert Epstein & Associates, Norfolk, on brief), for appellees.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON, RUSSELL and THOMAS, JJ.

RUSSELL, Justice.

In this appeal from an award of death benefits by the Industrial Commission, the sole question is whether claimants' decedent died "in the course of the employment," a prerequisite for compensation under Code § 65.1-7. The appellant employer concedes that decedent's death "arose out of the employment" and was the result of an "accident," thus meeting the remaining two statutory tests of compensability.

The deceased, Ronnie M. Bynum,...

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