arising out test (Virginia) · Go Syfert
← Virginia issues

arising out test in Virginia

13 Virginia opinions name it 2 courts 1989–2005 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
United Parcel Service of America v. Fettermangreen
va · 1985 · cited in 7 Virginia opinions naming this issue, 1989–2002
2 sentences

2002The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.’ ” Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Service v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)).

2002The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.’ ” Chesterfield v. Johnson, 237 Va. 180, 183-84 , 376 S.E.2d 73, 75 (1989) (quoting United Parcel Service v. Fetterman, 230 Va. 257, 258-59 , 336 S.E.2d 892, 893 (1985)).

57
County of Chesterfield v. Johnsongreen
va · 1989 · cited in 8 Virginia opinions naming this issue, 1996–2003
2 sentences

2003The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.’” Johnson, 237 Va. at 183-84 , 376 S.E.2d at 75 (citation omitted).

2003The causative danger must be peculiar to the work, incidental to the character of the business, and not independent of the master-servant relationship.’” Johnson, 237 Va. at 183-84 , 376 S.E.2d at 75 (citation omitted).

48
Grove v. Allied Signal, Inc.green
vactapp · 1992 · cited in 4 Virginia opinions naming this issue, 1996–2005
2 sentences

2005But [the arising out of test] excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment.” Grove v. Allied Signal, Inc., 15 Va. App. 17, 19-20 , 421 S.E.2d 32, 34 (1992) (quoting R & T Investments, Ltd. v. Johns, 228 Va. 249, 252-53 , 321 S.E.2d 287, 289 (1984)).

2005But [the arising out of test] excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment.” Grove v. Allied Signal, Inc., 15 Va. App. 17, 19-20 , 421 S.E.2d 32, 34 (1992) (quoting R & T Investments, Ltd. v. Johns, 228 Va. 249, 252-53 , 321 S.E.2d 287, 289 (1984)).

44
R & T INVESTMENTS, LTD. v. Johnsgreen
va · 1984 · cited in 4 Virginia opinions naming this issue, 1996–2005
2 sentences

2005But [the arising out of test] excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment.” Grove v. Allied Signal, Inc., 15 Va. App. 17, 19-20 , 421 S.E.2d 32, 34 (1992) (quoting R & T Investments, Ltd. v. Johns, 228 Va. 249, 252-53 , 321 S.E.2d 287, 289 (1984)).

2005But [the arising out of test] excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment.” Grove v. Allied Signal, Inc., 15 Va. App. 17, 19-20 , 421 S.E.2d 32, 34 (1992) (quoting R & T Investments, Ltd. v. Johns, 228 Va. 249, 252-53 , 321 S.E.2d 287, 289 (1984)).

44
Southland Corp. v. Parsongreen
vactapp · 1985 · cited in 2 Virginia opinions naming this issue, 1996–1996
2 sentences

1996In a personal risk or idiopathic case, the claimant’s injury is one “caused by a preexisting personal disease of the employee.” Southland Corp. v. Parson, 1 Va.App. 281, 283 , 338 S.E.2d 162, 163 (1985).

1996In a personal risk or idiopathic case, the claimant’s injury is one “caused by a preexisting personal disease of the employee.” Southland Corp. v. Parson, 1 Va.App. 281, 283 , 338 S.E.2d 162, 163 (1985).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (7) VA § Va. Code Ann. § 65.2-706 (5) VA § Va. Code Ann. § 65.2-101 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VA 13 (1989–2005) AZ 2 (2005–2005) NC 2 (2007–2012) IL 2 (2014–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check