39 Va. App. 289 - VFP, INC. v. Shepherd’s Empirical Analysis

Citation profile

27 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he commission, like any other fact finder, may consider both direct and circumstantial evidence in its disposition of a claim. Thus, the commission may properly consider all factual evidence, from whatever source, whether or not a condition of the workplace caused the injury.”

   2 later decisions quote this exact passage
   e.g. 43 Va. App. 352 - Basement Waterproofing & Drainage v. Beland · 51 Va. App. 308 - City of Waynesboro v. Griffin

2. ““[The Workers’ Compensation Act] has always required the claimant to carry the burden of proving, by a preponderance of the evidence, ... an ‘injury by accident’ ... arising out of and ... in the course of, the employment.” “[Claimant’s] evidence [must] demonstrate to the rational mind that [claimant’s injury] is fairly ... traced to [his or] her employment as the proximate cause. That may be accomplished by circumstantial evidence____” “Circumstantial evidence is as competent and is entitled to as much weight as direct evidence, provided it is sufficiently convincing.” “Any fact which may be proved with direct evidence also may be established with circumstantial evidence.””

   1 later decision quote this exact passage
   e.g. 51 Va. App. 318 - Turf Care, Inc. v. Henson

3. “[Claimant's] evidence [must] demonstrate to the rational mind that [claimant's injury] is fairly ... traced to [his or] her employment as the proximate cause. That may be accomplished by circumstantial evidence....”

   1 later decision quote this exact passage
   e.g. 43 Va. App. 352 - Basement Waterproofing & Drainage v. Beland