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SOUTHSIDE VIRGINIA TRAINING CENTER/COM. v. ELLIS

Record No. 0659-00-2.

537 S.E.2d 35 (2000)

33 Va. App. 824

SOUTHSIDE VIRGINIA TRAINING CENTER/COMMONWEALTH of Virginia v. Frederick W. ELLIS.

Court of Appeals of Virginia, Richmond.

November 21, 2000.

Attorney(s) appearing for the Case

Scott John Fitzgerald, Assistant Attorney General (Mark L. Earley, Attorney General; Judith Williams Jagdmann, Deputy Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General, on brief) for appellant.

No brief or argument for appellee.

Present: BUMGARDNER, FRANK and HUMPHREYS, JJ.

HUMPHREYS, Judge.

Southside Virginia Training Center contends the Workers' Compensation Commission erred when it ruled that Frederick W. Ellis sustained a compensable injury arising out of his employment on May 26, 1998. For the reasons that follow, we reverse the commission's award of benefits.

I. Background

Ellis worked as a truck driver at Southside Virginia Training Center from April 9, 1986 through 1999. Ellis' position as a truck driver...

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