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ANDERSON v. CLINCHFIELD COAL COMPANY

204 S.E.2d 257 (1974)

Frank ANDERSON v. CLINCHFIELD COAL COMPANY.

Supreme Court of Virginia.

April 22, 1974.

Attorney(s) appearing for the Case

S. Strother Smith, III, Abingdon (Smith, Robinson & Vinyard, Abingdon, on brief), for appellant.

J. Thomas Fowlkes, Abingdon (Penn, Stuart & Eskridge, Abingdon, on brief), for appellee.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, HARMAN and POFF, JJ.

PER CURIAM.

The question presented on this appeal is whether the Industrial Commission erred in holding that Frank Anderson's claim against Clinchfield Coal Company (Clinchfield) for workmen's compensation benefits was barred by Code § 65.1-521 by reason of his failure to timely file an application for a hearing with the Commission.

The evidence shows that on October 22, 1966, Anderson obtained a diagnosis from his family...

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