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Bookman v. Seven-Eleven

Court of Appeals of Virginia
Sep 22, 1992
Record No. 0142-92-2 (Va. Ct. App. Sep. 22, 1992)

Opinion

Record No. 0142-92-2

September 22, 1992

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.

(Thomas E. Bookman, Sr., pro se, on brief).

(R. Ferrell Newman; Thompson, Smithers, Newman Wade, on brief), for appellees.

Present: Judges Benton, Coleman and Willis.


MEMORANDUM OPINION

Pursuant to Code § 17-116.010 this opinion is not designated publication.


Thomas Eugene Bookman, Sr., alleges that, while working as a convenience store clerk on May 14, 1990, milk crates fell against him, puncturing his leg. He appeals the Workers' Compensation Commission's decision that his evidence did not establish an injury by accident. Upon reviewing the record and briefs of the parties, we conclude that the appeal is without merit. Accordingly, we affirm the decision of the commission. Rule 5A:27.

In order to carry the burden of proving an injury by accident, a claimant must prove that the injury arose from "the hazards of the employment," Morris v. Morris, 238 Va. 578, 584, 385 S.E.2d 858, 861 (1989), and that "the cause of his injury was anidentifiable incident or sudden precipitating event." Id. at 589, 385 S.E.2d at 865 (emphasis in original). Unless we can say as a matter of law that Bookman's evidence was sufficient to sustain his burden of proof, then the commission's finding is binding and conclusive upon us. Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).

In denying Bookman's application, the commission found that Bookman did not file an accident report when the incident was alleged to have occurred. Moreover, Bookman filed an application for health benefits in which he denied that his condition was employment related. Bookman answered "no" to the question on the June 15, 1990 insurance form which read: "Did disability arise from employment?"

Additionally, the record contains medical reports dating back to 1988 which show that Bookman experienced chronic circulation and ulceration problems in both legs. The medical reports indicate that Bookman was treated for these complaints in 1989, on January 2, 1990, and on May 12, 1990. The June 2, 1990 Veterans Administration report speaks of swelling, discoloration and ulcers, essentially the same condition that existed prior to the alleged accident. The June 1990 report contained no indication that a recent traumatic incident caused Bookman's condition.

Based on this evidence, we cannot say that Bookman's evidence was sufficient as a matter of law to sustain his burden of proof. Accordingly, the commission's findings are binding and conclusive upon us.

Affirmed.


Summaries of

Bookman v. Seven-Eleven

Court of Appeals of Virginia
Sep 22, 1992
Record No. 0142-92-2 (Va. Ct. App. Sep. 22, 1992)
Case details for

Bookman v. Seven-Eleven

Case Details

Full title:THOMAS EUGENE BOOKMAN, SR. v. SEVEN-ELEVEN/THE SOUTHLAND CORPORATION AND…

Court:Court of Appeals of Virginia

Date published: Sep 22, 1992

Citations

Record No. 0142-92-2 (Va. Ct. App. Sep. 22, 1992)