Frank E. Tomko v. Michael’s Plastering Company, Inc.

Summary

The Supreme Court of Virginia affirmed the Industrial Commission's denial of carpenter Frank Tomko's claim for workers' compensation benefits for a herniated lumbar disc. Rejecting Tomko's argument that the Commission wrongly demanded he pinpoint the exact date of injury, the court held the denial actually rested on his failure to prove injury “by accident” under Code § 65.1-7. Unlike the claimant in Virginia Electric & Power Co. v. Quann, Tomko gave no testimony connecting his condition to a work event, made no prompt complaint attributing injury to the job, and offered no medical opinion of causal connection. Because the Commission's finding was binding unless the evidence compelled a contrary conclusion as a matter of law, the award was affirmed.