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BUZZO v. WOOLRIDGE TRUCKING, INC.

Record No. 0015-93-3.

437 S.E.2d 205 (1993)

Karen R. BUZZO, etc. v. WOOLRIDGE TRUCKING, INC., et al.

Court of Appeals of Virginia.

November 23, 1993.

Attorney(s) appearing for the Case

Gary L. Lumsden, Roanoke, for appellant.

John Gregory, Jr., Patricia Quillen, Asst. Atty. Gen. (Stephan D. Rosenthal, Atty. Gen., on briefs), for appellees.

Present: KOONTZ, ELDER and FITZPATRICK, JJ.

KOONTZ, Judge.

Karen R. Buzzo, widow of Timothy A. Buzzo (Buzzo), appeals from a decision by the Workers' Compensation Commission (the commission) holding that Buzzo's willful misconduct barred any award of death benefits to her and her daughter. The issue presented is whether Woolridge Trucking, Inc. (Woolridge, Inc.), employer, met its burden to establish willful misconduct. For the reasons that follow, we reverse the commission's decision.

I.

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