March 31, 2010 - - J. Brian Slaughter - Defense of Death Claim Affirmed - The Virginia Workers' Compensation Commission in Richmond has affirmed a Deputy Commissioner's decision, finding that the decedent's widow failed to prove that the decedent's accident arose out of and in the course of his work for a Lowe's home improvement store. Brian tried the matter before the Deputy Commissioner, and also handled the appeal. The case presented interesting issues regarding circumstantial evidence in workers' compensation matters, and the weight of evidence needed to prove a work-related death, when the death occurred some time after the accident itself. The case is styled  Estate of Darrel Falls v. Lowes #0632 of Williamsburg, Virginia.  The claimant has just filed a Notice of Appeal to the Court of Appeals of Virginia.