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STILLWELL v. LEWIS TREE SERVICE, INC.

Record No. 1357-05-3.

624 S.E.2d 681 (2006)

47 Va. App. 471

Ty L. STILLWELL v. LEWIS TREE SERVICE, INC. and American Zurich Insurance Company.

Court of Appeals of Virginia.

January 24, 2006.

Attorney(s) appearing for the Case

James B. Feinman (James B. Feinman & Associates, on brief), Lynchburg, for appellant.

(Iris W. Redmond, Midkiff, Muncie & Ross, P.C., on brief), Richmond, for appellees. Appellees submitting on brief.

Present: FRANK and HUMPHREYS, JJ., and BUMGARDNER, Ret. J.

HUMPHREYS, Judge.

Appellant Ty Stillwell ("Stillwell") appeals a decision from the Virginia Workers' Compensation Commission denying disability and medical benefits for a shoulder injury he incurred during a fight with a co-employee. Stillwell contends that the commission erroneously determined that he was at least partially responsible for causing the fight and, thus, that the so-called "aggressor defense" barred his recovery of benefits for that injury. For the...

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