VIRGINIA ELEC. AND POWER CO. v. KREMPOSKY

Record No. 830202.

315 S.E.2d 231 (1984)

VIRGINIA ELECTRIC AND POWER COMPANY v. Michael Frank KREMPOSKY.

Supreme Court of Virginia.

April 27, 1984.


Attorney(s) appearing for the Case

J. Kennerly Davis, Jr., Richmond, for appellant.

Richard E. Trodden, Alexandria (Ashcraft & Gerel, Alexandria, on brief), for appellee.

Before CARRICO, C.J., COCHRAN, POFF, COMPTON, STEPHENSON and RUSSELL, JJ., and GORDON, Retired Justice.


POFF, Justice.

Virginia Electric and Power Company (Vepco), appealing from a workers' compensation award in favor of claimant Michael F. Kremposky, contends that the Industrial Commission erred in holding that it had failed to establish its defense of willful violation of a known safety rule.

An employer who invokes such a defense has the burden of proving that the claimant's injury was "[d]ue to willful failure or refusal to use a safety appliance ... or...

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