COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

CORLISS A. TACOSA 

v. Record No. 0179-95-1 MEMORANDUM OPINION*

 PER CURIAM 

CITY OF NEWPORT NEWS SEPTEMBER 19, 1995 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Corliss Tacosa, pro se, on briefs). 

 (Collins L. Owens, Jr., Senior Assistant City 

Attorney, on brief), for appellee. 

 Corliss Tacosa contends that the Workers' Compensation 

Commission erred in finding that (1) she was a willing and 

aggressive participant in the confrontation which occurred on 

August 1, 1992 during the course of her employment; (2) her 

conduct violated the work standards of her employer, the City of 

Newport News; (3) she failed to prove that she sustained an 

injury by accident on August 1, 1992; and (4) her conflicts with 

supervisory personnel resulting in psychological disability were 

not compensable. Tacosa also contends that the commission erred 

in refusing to consider the reports and opinions of Carol Vogel 

Beffa, a licensed clinical social worker. Upon reviewing the 

record and the briefs of the parties, we conclude that this 

appeal is without merit. Accordingly, we summarily affirm the 

commission's decision. Rule 5A:27. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
 2 

 On appeal, we view the evidence in the light most favorable 

to the party prevailing below. R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). So 

viewed, the evidence proved that on August 1, 1992, Tacosa, the 

educational coordinator for the War Memorial Museum, was involved 

in a discussion with Abel Garcia, a Vietnam veteran and Museum 

board member, and others concerning the scope of a planned 

program. Garcia and Willis Darden, another veteran and board 

member, went to the office of John Quarstein, Tacosa's 

supervisor, to voice their complaints concerning the curtailment 

of their firefighting demonstrations during a weekend program 

called "Vietnam Revisited." Tacosa was summoned to the office by 

Quarstein. According to Darden and Quarstein, Tacosa burst into 

the office and immediately pointed her index finger close to 

Garcia's face, while she yelled that she did not work for him or 

take orders from him. Garcia, who remained seated, slapped away 

Tacosa's hand. Tacosa then pointed two fingers close to Garcia's 

chest, while she continued to yell that she did not take orders 

from him. Garcia grabbed Tacosa's hand. Tacosa claimed that 

Darden also grabbed her, placed her in a bear hug, and cursed at 

her. Darden admitted that he cursed at Tacosa, but denied that 

he ever touched her. Quarstein testified that the events 

occurred so quickly he is unsure of what happened; however, he 

intervened and stopped the confrontation. After the incident, 

Tacosa sought psychological counseling and was diagnosed as 
 3 

suffering from post-traumatic stress syndrome. 

 At the time of the incident, Tacosa was aware of her 

employer's work standard requiring employees to treat members of 

the public with courtesy. Employer's administrative manual 

prohibited rudeness, fighting, intimidation, threats, and similar 

actions which adversely affected public relations. 

 In Farmers' Mfg. Co. v. Warfel, 144 Va. 98, 101, 131 S.E. 

240, 241 (1926), the Supreme Court recognized the general rule 

that compensation benefits shall be denied "where [a claimant] 

suffers injuries from an assault when the claimant is himself in 

fault as the aggressor." The Supreme Court reasoned that the 

proximate cause of such injuries is not the employment, but 

rather the fault of the claimant. Id.

 In denying compensation benefits to Tacosa, the commission 

found Tacosa's testimony to be less credible than the testimony 

of her supervisor and Darden, and the commission made the 

following findings: 

 We are persuaded . . . that [Tacosa] was 

a willing and even an aggressive participant 

in the confrontation that allegedly 

constituted the accidental event causing or 

contributing to her later injury and 

disability. We do not believe the alleged 

assault would have occurred but for the 

claimant's own precipitous conduct, which was 

also contrary to the work standards of 

conduct of the employer about of which she 

was aware. While the veterans may have 

reacted in a extreme and unjustifiable 

manner, the alleged "assault" was prompted by 

the incautious and confrontational conduct of 

the claimant. 
 4 

 Factual findings made by the commission are binding on 

appeal if supported by credible evidence. James v. Capitol Steel 

Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). 

The testimony of Quarstein and Darden constitute credible 

evidence to support the commission's factual finding that Tacosa 

was a willing and aggressive participant in the confrontation and 

that she provoked the assault. 

 Because our ruling on this issue disposes of this appeal, 

we will not address the additional questions presented by Tacosa. 

For the reasons stated, we affirm the commission's decision. 

 Affirmed.