COUNTY OF BUCHANAN SCHOOL BD. v. HORTON

Record No. 1750-00-3.

542 S.E.2d 783 (2001)

35 Va. App. 26

COUNTY OF BUCHANAN SCHOOL BOARD and AIU Insurance Company v. Diana Sue HORTON.

Court of Appeals of Virginia, Salem.

March 6, 2001.


Attorney(s) appearing for the Case

S. Vernon Priddy, III (Patsy L. Mundy; Sands, Anderson, Marks & Miller, on briefs), Richmond, for appellants.

Clarence E. Phillips, St. Paul, (Traci M. Coleman, on brief), for appellee.

Present: ANNUNZIATA, BUMGARDNER and FRANK, JJ.


FRANK, Judge.

The County of Buchanan School Board (employer) contends the Workers' Compensation Commission (commission) applied the incorrect standard to determine compensability in awarding benefits to Diana Horton (claimant). Employer further contends the commission erred in finding claimant's injury arose out of her employment. We agree and reverse the commission's award.

I. BACKGROUND

On February 12, 1998, claimant was employed as an elementary...

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