SPRUILL v. C.W. WRIGHT CONST. CO., INC.

Record No. 1078-88-2.

381 S.E.2d 359 (1989)

Thomas E. SPRUILL v. C.W. WRIGHT CONSTRUCTION COMPANY, INC. and Insurance Company of North America.

Court of Appeals of Virginia.

June 20, 1989.


Attorney(s) appearing for the Case

Robert E. Evans, Lynchburg, (Patrick M. Regan, Koonz, McKenney & Johnson, P.C., Washington, D.C., on brief), for appellant.

Harris D. Butler, III (William B. Pierce, Jr., Williams, Butler & Pierce, Richmond, on brief), for appellee.

Present: BARROW, BENTON and KEENAN, JJ.


BENTON, Judge.

In this appeal we are asked to determine whether the Industrial Commission erred in finding that Thomas E. Spruill's claim for worker's compensation benefits was barred by his own willful misconduct in intentionally disregarding a safety rule promulgated by his employer. Because we conclude that the record does not contain credible evidence that Spruill intentionally disregarded the rule, we reverse.

Thomas Spruill was employed as a lineman...

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