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OWENS v. VIRGINIA DEPT. OF TRANSP./COM.

Record No. 2793-98-3.

515 S.E.2d 348 (1999)

30 Va. App. 85

Major Ridley OWENS v. VIRGINIA DEPARTMENT OF TRANSPORTATION/COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

June 15, 1999.

Attorney(s) appearing for the Case

George L. Townsend (Chandler, Franklin & O'Bryan, on briefs), Staunton, for appellant.

(Mark L. Earley, Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General; Scott John Fitzgerald, Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: FITZPATRICK, C.J., and COLEMAN and LEMONS, JJ.

COLEMAN, Judge.

Major Ridley Owens appeals the Workers' Compensation Commission's decision denying him benefits for the aggravation of his Post-Traumatic Stress Disorder (PTSD), allegedly caused by the sound of a utility cover dropping behind him. The commission held that Owens failed to prove by a preponderance of the evidence that the startling sound gave rise to a compensable psychological injury by accident. According to the commission, the noise was neither out...

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