KEMP v. TIDEWATER KIEWIT

Record No. 0020-88-1.

373 S.E.2d 725 (1988)

Merrill J. KEMP, Jr. v. TIDEWATER KIEWIT and Liberty Mutual Insurance Co.

Court of Appeals of Virginia.

November 15, 1988.


Attorney(s) appearing for the Case

John H. Klein (Rutter & Montagna, Norfolk, on brief), for appellant.

Henry P. Bouffard (Jett, Berkley, Furr & Bouffard, Norfolk, on brief), for appellees.

Present: BENTON, COLEMAN and MOON, JJ.


BENTON, Judge.

The question presented in this appeal is whether the commission erred in concluding that the evidence did not establish an injury by accident arising out of employment.

The testimony by Merrill J. Kemp established that he was working on a trestle thirty feet above the ground. Before attempting to remove a blanket covering a concrete column, Kemp crawled over the top of the column and bent down to hook his lanyard to the safety belt. He described...

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