John Driggs Co., Inc. v. Somers

324 S.E.2d 694, 228 Va. 729 (1985)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

John Driggs Co., Inc. v. Somers

Virginia Supreme Court
324 S.E.2d 694, 228 Va. 729 (1985)

Facts

On March 26, 1982, Thomas Somers (plaintiff) was injured during his employment with John Driggs Company, Inc. (Driggs) (defendant). Somers had been employed by Driggs for four weeks at the time of his injury. In 1981 Somers had been employed by G & C Construction Corporation (G & C). Somers filed for workers’-compensation benefits. Driggs’s carrier (defendant) agreed that the claim was compensable and requested Somers’s 1981 W-2 Wage and Tax Statement. Somers provided the 1981 statement. However, the statement reflected his employment at G & C, not Driggs. The carrier used the 1981 statement to calculate the average weekly wage for Somers’s employment with Driggs and determined Somers was entitled to weekly benefits of $307.36 for the 1982 injury, an amount lower than if statutory methods had been used. The carrier included the amount in an agreement presented to Somers. Although Somers was incapacitated and had not received any payments, he signed the agreement. Eight months later, Somers requested a hearing with the Virginia Industrial Commission (the commission) to amend the amount. The deputy commissioner increased the amount of compensation based on the average weekly amount that was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community during the 52 weeks prior to the injury. The full commission affirmed the award. Driggs and the carrier appealed, arguing that there was no basis to modify the agreement.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership