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AUGUSTA COUNTY SHERIFF'S DEPT. v. OVERBEY

Record No. 962561.

492 S.E.2d 631 (1997)

AUGUSTA COUNTY SHERIFF'S DEPARTMENT, et al. v. Patrick L. OVERBEY.

Supreme Court of Virginia.

October 31, 1997.

Attorney(s) appearing for the Case

Frank K. Friedman (John P. Grove; Woods, Rogers & Hazlegrove, on briefs), Roanoke, for appellants.

Thomas W. Dixon, Jr. (Nelson, McPherson, Summers & Santos, on brief), Staunton, for appellee.

Amici Curiae: Virginia Association of Counties and others (S. Vernon Priddy, III; Sands, Anderson, Marks & Miller, on brief), Richmond, in support of appellants.

Amicus Curiae: Commonwealth of Virginia Office of the Attorney General (James S. Gilmore, III, Attorney General, on brief), in support of appellee.

Amicus Curiae: Fraternal Order of Police Virginia State Lodge (Malcolm Parks, III; Christopher A. Jones; Maloney, Barr & Huennekens, on brief), Richmond, in support of appellee.

Amicus Curiae: Commonwealth of Virginia, Office of the Lieutenant Governor (Michael A. Kernbach, on brief), Fairfax, in support of appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, and KINSER, JJ., and STEPHENSON and WHITING, Senior Justices.

WHITING, Senior Justice.

In an employer's appeal of a workers' compensation claim, we consider a provision in Code § 65.2-402(B) which creates a presumption that a deputy sheriff's heart disease was an occupational disease suffered in the line of duty "unless such presumption is overcome by a preponderance of competent evidence to the contrary."1

While on duty and talking to another deputy sheriff, Deputy Sheriff Patrick Lindy...

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