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DUFFY v. COM./DEPT. OF STATE POLICE

Record Nos. 0945-95-4, 0978-95-4 and 0938-95-4.

468 S.E.2d 702 (1996)

22 Va. App. 245

Finch Weston DUFFY v. COMMONWEALTH of Virginia/ DEPARTMENT OF STATE POLICE. Thomas Mortimer GALLOWAY v. COMMONWEALTH of Virginia/ DEPARTMENT OF STATE POLICE. Wesley James HUDSON v. COMMONWEALTH of Virginia/ DEPARTMENT OF STATE POLICE.

Court of Appeals of Virginia, Alexandria.

April 9, 1996.

Attorney(s) appearing for the Case

Michael A. Kernbach, Fairfax (Jack T. Burgess; Jack T. Burgess & Associates, P.C., on briefs), for appellants.

Peter R. Messitt, Senior Assistant Attorney General (James S. Gilmore, III, Attorney General; Catherine S. Hammond, Deputy Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General; James P. Wheeler, Assistant Attorney General, on briefs), for appellee.

Amicus Curiae: Fraternal Order of Police, Virginia State Lodge (Malcolm Parks, III; Susan Elaine Sieger; Maloney, Barr & Huennekens, Richmond, on briefs), for appellants.

Present: WILLIS, ANNUNZIATA and OVERTON, JJ.

ANNUNZIATA, Judge.

The deputy commissioner awarded wage and medical benefits to Finch Weston Duffy, Thomas Mortimer Galloway, and Wesley James Hudson (collectively "claimants"), concluding that employer, Commonwealth of Virginia/Department of State Police ("employer"), failed to rebut the presumption provided claimants by Code § 65.2-402. The full commission reversed, concluding that employer was not required to exclude work-related stress as a contributing factor...

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