BRISTOL CITY FIRE DEPT. v. MAINE

Record No. 1537-00-4.

542 S.E.2d 822 (2001)

35 Va. App. 109

BRISTOL CITY FIRE DEPARTMENT and Virginia Municipal Group Self-Insurance Association, v. Chief Roy Carroll MAINE.

Court of Appeals of Virginia, Alexandria.

March 13, 2001.


Attorney(s) appearing for the Case

Ralph L. Whitt, Jr., Richmond (Michael P. Del Bueno, Glen Allen; Williams, Lynch & Whitt, P.C.; Whitt & Associates, on briefs), for appellants.

Michael A. Kernbach (Jack T. Burgess & Associates, P.C., on brief), Fairfax, for appellee.

Present: FITZPATRICK, C.J., WILLIS, J., and OVERTON, Senior Judge.


FITZPATRICK, Chief Judge.

Bristol City Fire Department ("employer") contends the Workers' Compensation Commission ("commission") erred in awarding temporary total and medical benefits to Roy Carroll Maine ("claimant"). On appeal, employer argues that it rebutted the presumption afforded by Code § 65.2-402 and that claimant failed to present evidence sufficient to prove that his heart disease arose out of and in the course of his employment. For the following...

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