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The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer
The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer
University of Richmond Law Review
The opinion issued by the court of appeals in Kroger Co. v. Morris was both short and, in light of precedent, predictable. The practical consequences of the reasoning used by the court in this and similar cases, however, may be much less predictable than is desirable. The case concerned a Virginia Worker's Compensation Commission decision that contained a finding regarding the credibility of a witness which contradicted the finding of the deputy commissioner who presided at the hearing. The court of appeals held that it is permissible for the worker's Compensation Commission to make a credibility finding which differs from …
Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer
Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer
University of Richmond Law Review
In Kroger Co. v. Morris the Court of Appeals of Virginia reached two contradictory conclusions. On one hand the court held that the Virginia Workers' Compensation Commission could overrule a deputy commissioner's fact findings based solely on evidence contained in the record below. On the other hand, the court concluded that it was itself unable to make such fact findings based solely on the record.