death presumption (Virginia) · Go Syfert
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death presumption in Virginia

7 Virginia opinions name it 2 courts 1968–2011 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 (6)

CaseFollowedCited
Pinkerton's, Inc. v. Helmesgreen
va · 1991 · cited in 2 Virginia opinions naming this issue, 2009–2011
2 sentences

2011Making a “change in the parameters” of the death presumption, we have cautioned, “is a policy decision to be made, if at all, by the General Assembly.” K & G Abatement Co., 38 Va. App. at 757 , 568 S.E.2d at 422 (citing Pinkerton’s, Inc. v. Helmes, 242 Va. 378, 381 , 410 S.E.2d 646, 648 (1991)).

2011Making a “change in the parameters” of the death presumption, we have cautioned, “is a policy decision to be made, if at all, by the General Assembly.” K & G Abatement Co., 38 Va. App. at 757 , 568 S.E.2d at 422 (citing Pinkerton’s, Inc. v. Helmes, 242 Va. 378, 381 , 410 S.E.2d 646, 648 (1991)).

22
K & G ABATEMENT CO. v. Keilgreen
vactapp · 2002 · cited in 2 Virginia opinions naming this issue, 2009–2011
2 sentences

2011Making a “change in the parameters” of the death presumption, we have cautioned, “is a policy decision to be made, if at all, by the General Assembly.” K & G Abatement Co., 38 Va. App. at 757 , 568 S.E.2d at 422 (citing Pinkerton’s, Inc. v. Helmes, 242 Va. 378, 381 , 410 S.E.2d 646, 648 (1991)).

2011Making a “change in the parameters” of the death presumption, we have cautioned, “is a policy decision to be made, if at all, by the General Assembly.” K & G Abatement Co., 38 Va. App. at 757 , 568 S.E.2d at 422 (citing Pinkerton’s, Inc. v. Helmes, 242 Va. 378, 381 , 410 S.E.2d 646, 648 (1991)).

12
Sullivan v. Suffolk Peanut Co.green
va · 1938 · cited in 2 Virginia opinions naming this issue, 1998–2002
2 sentences

2002The claimant argues she proved that the decedent's death was caused by his July 21, 1998 accident, and in the alternative, that the commission should have accorded her a presumption that the decedent's death arose out of his employment based on the death presumption. - 3 - In Sullivan v. Suffolk Peanut Co., 171 Va. 439 , 199 S.E. 504 (1938), the Supreme Court set forth the requirements for applying the death presumption as follows: Where an employee is found dead as a result of an accident at his place of work or nearby, where his duties may have called him during the hours of his work, and th

2002The claimant argues she proved that the decedent's death was caused by his July 21, 1998 accident, and in the alternative, that the commission should have accorded her a presumption that the decedent's death arose out of his employment based on the death presumption. - 3 - In Sullivan v. Suffolk Peanut Co., 171 Va. 439 , 199 S.E. 504 (1938), the Supreme Court set forth the requirements for applying the death presumption as follows: Where an employee is found dead as a result of an accident at his place of work or nearby, where his duties may have called him during the hours of his work, and th

12
Plumb Rite Plumbing Service v. Barbourgreen
vactapp · 1989 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011Plumb Rite Plumbing Serv. v. Barbour, 8 Va. App. 482, 484 , 382 S.E.2d 305, 306 (1989); Code § 65.2-101.

2011Plumb Rite Plumbing Serv. v. Barbour, 8 Va. App. 482, 484 , 382 S.E.2d 305, 306 (1989); Code § 65.2-101.

11
Hopson v. Hungerford Coal Co.green
va · 1948 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998See Hopson v. Hungerford Coal Co., Inc., 187 Va. 299, 305 , 46 S.E.2d 392, 394 (1948).

1998See Hopson v. Hungerford Coal Co., Inc., 187 Va. 299, 305 , 46 S.E.2d 392, 394 (1948).

11
General Accident, Fire & Life Assurance Corp. v. Murraygreen
va · 1916 · cited in 1 Virginia opinions naming this issue, 1968–1968
2 sentences

1968General Accident, Fire & Life Assurance Corp. Murray, 120 Va. 115, 126 , 90 S.E. 620, 624 (1916); 29A Am.

1968General Accident, Fire & Life Assurance Corp. Murray, 120 Va. 115, 126 , 90 S.E. 620, 624 (1916); 29A Am.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Circuit City Stores, Inc. v. Bower green
va · 1992
2 sentences

1998In Circuit City Stores, Inc. v. Bower, 243 Va. 183 , 413 S.E.2d 55 (1992), this Court upheld a trial court’s apportionment of attorney’s fees and expenses under the Act with respect to a death claim when the employee had recovered from third-party tortfeasors.

1998In Circuit City Stores, Inc. v. Bower, 243 Va. 183 , 413 S.E.2d 55 (1992), this Court upheld a trial court’s apportionment of attorney’s fees and expenses under the Act with respect to a death claim when the employee had recovered from third-party tortfeasors.

21992–1998
Southern Motor Lines Co. v. Alvis green
va · 1958
2 sentences

2009The firefighter medic did not find Clifton at his “place of work or near-by,” Alvis, 200 Va. at 171 , 104 S.E.2d at 738 , but rather on a public highway. 4 And his widow’s testimony— which the commission found “problematical”—was not convincing enough to render implausible the possibility of noncompensable causes of the accident wholly outside the course of Clifton’s employment.

2009The firefighter medic did not find Clifton at his “place of work or near-by,” Alvis, 200 Va. at 171 , 104 S.E.2d at 738 , but rather on a public highway. 4 And his widow’s testimony— which the commission found “problematical”—was not convincing enough to render implausible the possibility of noncompensable causes of the accident wholly outside the course of Clifton’s employment.

12009–2009

Where else courts name it

NY 26 (1889–2023) TX 16 (1924–2015) OH 13 (1932–2017) MO 13 (1905–2015) LA 10 (1977–2010) PA 10 (1936–2000) NJ 10 (1954–2010) IL 8 (1902–1995) KS 7 (1914–2002) VA 7 (1968–2011) FL 6 (1944–2008) GA 6 (1923–2008) CA 5 (1938–2024) NE 5 (1911–1989) AZ 5 (1965–2023) AL 5 (1917–2008) WA 4 (1922–2006) TN 4 (1917–2004) OR 4 (1976–1980) AR 3 (1935–2001) OK 3 (1955–2004) MD 3 (1931–1996) RI 3 (2001–2008) ID 3 (2018–2020) MA 2 (1962–1967) NC 2 (1906–2025) WV 2 (1917–1982) SC 2 (1996–2001) IA 2 (1968–1982) CO 2 (1957–1959) ME 2 (2018–2018) MS 2 (1968–1968)

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.

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