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.
Cullen D. Seltzer,
Kroger Co. v. Morris: The Diminution of Hearing Officers,
U. Rich. L. Rev.
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