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SIMMS v. RUBY TUESDAYS, INC.

Record No. 1004-08-4.

679 S.E.2d 555 (2009)

54 Va. App. 388

Matthew Edward SIMMS v. RUBY TUESDAYS, INC. and Hartford Insurance Company of the Midwest.

Court of Appeals of Virginia, Alexandria.

July 28, 2009.

Attorney(s) appearing for the Case

Diane C.H. McNamara for appellant.

Kathryn Lea Harman (Semmes, Bowen & Semmes, on brief), Vienna, for appellees.

Present: HUMPHREYS, HALEY and ALSTON, JJ.

ALSTON, JR., Judge.

Matthew Edward Simms (claimant) appeals a decision of the Workers' Compensation Commission (commission) denying benefits on his claim against Ruby Tuesdays, Inc. and Hartford Insurance Company of the Midwest (collectively, employer). Claimant contends the commission erred in finding that his injury did not arise out of employment and erred in failing to find that the disability and medical treatment he requested were related to the injury. Finding...

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