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THORPE v. CLARY

Record No. 1010-10-2.

704 S.E.2d 611 (2011)

57 Va. App. 617

Alissa M. THORPE, Beneficiary of Matthew Alson Thorpe (Deceased) v. John CLARY, t/a JMC Welding, Ted Bowling Construction and Virginia Surety Company.

Court of Appeals of Virginia, Richmond.

February 1, 2011.

Attorney(s) appearing for the Case

Stephen T. Harper , Richmond, (Reinhardt & Harper, PLC, on brief), for appellant.

Lynn McHale Fitzpatrick (Franklin & Prokopik, P.C., Herndon, on brief), for appellees Ted Bowling Construction and Virginia Surety Company.

No brief or argument for appellee John Clary, t/a JMC Welding.

Present: FELTON, C.J., and FRANK and KELSEY, JJ.

KELSEY, Judge.

In this case, the claimant appeals the Workers' Compensation Commission's holding that she failed to prove her deceased husband's average weekly wage was $2,500. Finding no error of law in the commission's reasoning or any irrationality in its factfinding, we affirm.

I.

We view the evidence on appeal in the light most favorable to "the prevailing party before the commission." Dunnavant v. Newman Tire Co., 

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