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BERRY v. COUNTY OF HENRICO/DIV. OF FIRE, ETC.

Record No. 771194.

247 S.E.2d 389 (1978)

Ray C. BERRY v. COUNTY OF HENRICO/DIVISION OF FIRE AND LUMBERMEN'S MUTUAL CASUALTY COMPANY.

Supreme Court of Virginia.

August 31, 1978.

Attorney(s) appearing for the Case

Michael S. Shelton, Richmond (Cohen, Abeloff & Staples, P.C., Richmond, on brief), for appellant.

Frank C. Maloney, III, Richmond (Malcolm Parks, III, Maloney, Yeatts, Balfour, Ayers & Barr, Richmond, on brief), for appellees.

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

HARMAN, Justice.

In this workmen's compensation appeal we are again called upon to deal with the presumption created by Code § 65.1-47.1.1 Two questions are presented, namely: (1) was the claimant entitled to the benefit of the presumption and, if so, (2) was the evidence presented before the Industrial Commission sufficient to rebut this presumption?

Ray C. Berry (claimant or Berry...

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