GEORGE H. SAMARTINO
FAIRFAX COUNTY FIRE AND RESCUE
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Michael A. Kernbach (Law Office of Michael A. Kernbach, P.C., on brief), for appellant.
Jamie M Greenzweig, Assistant County Attorney (David P. Bobzien, County Attorney; Peter D. Andreoli, Jr., Deputy County Attorney; Karen L. Gibbons, Senior Assistant County Attorney; Office of the County Attorney, on brief), for appellee.
Humphreys, Petty and Decker.
[64 Va.App. 502] ROBERT J. HUMPHREYS,
George H. Samartino (" Samartino" ) appeals the decision of the Virginia Workers' Compensation Commission finding that he did not prove total or partial disability resulting from leukemia entitling him to benefits
pursuant to Code § 65.2-402(C). In this case, the parties do not disagree that Samartino was a firefighter who had been diagnosed with an occupational disease. The only dispute was whether he was disabled as a result of his disease.
This Court must view the evidence in the light most favorable to the prevailing party before the commission. See [64 Va.App. 503] Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va.App. 503, 504, 339 S.E.2d 916, 916 (1986). As such, the evidence viewed in the light most favorable to Fairfax County Fire and Rescue (" the employer" ) is as follows.
On August 28, 2013, Samartino filed a claim for benefits alleging an occupational disease, leukemia, that arose out of and in the course of his employment. Pursuant to Code § 65.2-402(C) he sought temporary total disability benefits for September 11, 2012, September 13, 2012, September 15-19, 2012, October 3, 2012, October 18, 2012, October 19, 2012, October 30, 2012, December 10, 2012, and March 3, 2013, as well as a lifetime award for medical expenses.
During the November 21, 2013 hearing before the deputy commissioner, the parties stipulated that at the time of the hearing Samartino was employed as a firefighter for more than twelve years by Fairfax County Fire and Rescue and his weekly salary was $1,404.97. They also stipulated that ...