Estate of James M. Sweeney, etc. v. Qualicon Corporation and ( 2008 )


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  •                                COURT OF APPEALS OF VIRGINIA
    Present: Judges Haley, Millette and Senior Judge Coleman
    ESTATE OF JAMES M. SWEENEY,
    THOMAS SWEENEY, AMANDA NICOLE CAVEY
    AND CHELSEA COOPER CAVEY
    MEMORANDUM OPINION *
    v.     Record No. 0409-08-2                                         PER CURIAM
    JULY 1, 2008
    QUALICON CORPORATION AND
    COMMONWEALTH CONTRACTORS GROUP
    SELF-INSURANCE ASSOCIATION/
    LANDIN INCORPORATED
    FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
    (Gregory O. Harbison; Geoffrey R. McDonald & Associates, on
    brief), for appellants.
    (Daniel E. Lynch; John T. Cornett, Jr.; Daniel E. Lynch &
    Associates, on brief), for appellees.
    James M. Sweeney (deceased), Thomas Sweeney, Amanda Nicole Cavey and Chelsea
    Cooper Cavey (hereinafter referred to as “the Estate”) appeal a decision of the Workers’
    Compensation Commission finding that the deceased’s accident did not arise out of his
    employment. We have reviewed the record and the commission’s opinion and find that this
    appeal is without merit. Accordingly, we affirm for the reasons stated by the commission in its
    final opinion. See Sweeney v. Qualicon Corp., VWC File No. 224-65-46 (Jan. 22, 2008). We
    dispense with oral argument and summarily affirm because the facts and legal contentions are
    *
    Pursuant to Code § 17.1-413, this opinion is not designated for publication.
    adequately presented in the materials before the Court and argument would not aid the decisional
    process. See Code § 17.1-403; Rule 5A:27. 1
    Affirmed.
    1
    We note that contrary to the Estate’s contention that the commission erred in finding the
    deceased died before his accident, a careful reading of the commission’s opinion shows it made
    no such express finding. Rather, the commission concluded “[t]here is no direct evidence that
    the [deceased’s] loss of consciousness was caused by sipping the coffee nor can we infer that
    sipping a liquid causes a loss of consciousness.” The commission further found “the evidence
    fails to establish that the [deceased’s] motor vehicle accident was caused by an idiopathic
    medical condition or that his gagging on coffee caused the accident.” While noting that
    “[Timothy] Harmon testified that the [deceased] collapsed in his lap before they hit the Jersey
    wall,” the commission concluded “there is no explanation for the loss of consciousness, and it is
    unclear what caused the accident.”
    -2-
    

Document Info

Docket Number: 0409082

Filed Date: 7/1/2008

Precedential Status: Non-Precedential

Modified Date: 4/18/2021