Graybeal v. Board of Supervisors of Montgomery County

216 S.E.2d 52, 216 Va. 77 (1975)

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Graybeal v. Board of Supervisors of Montgomery County

Virginia Supreme Court
216 S.E.2d 52, 216 Va. 77 (1975)

Facts

John Patrick Graybeal (plaintiff) was employed by the Board of Supervisors of Montgomery County (the county) (defendant) as the commonwealth’s attorney for Montgomery County. As part of his duties, Graybeal prosecuted Frank H. Dewease, Jr., for murder. After Dewease’s conviction, Dewease vowed he would get revenge on Graybeal. After Dewease was released from prison, he placed a homemade bomb in a potato-chip can on top of Graybeal’s family car, which was parked in Graybeal’s driveway. Graybeal, who often had late hours and worked at home, came home from his office late that night in a borrowed car. Noticing the potato-chip can, Graybeal picked it up. The can exploded, causing serious injuries. Graybeal filed a claim for workers’-compensation benefits. The county denied the claim, arguing that because Graybeal’s injuries were sustained at his home outside of work hours and while Graybeal was not performing work duties, the injuries did not occur within the course of Graybeal’s employment. The Industrial Commission found that Graybeal’s injuries arose out of his employment but did not arise in the course of his employment. Graybeal appealed.

Rule of Law

Issue

Holding and Reasoning (Carrico, J.)

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