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CITY OF WAYNESBORO, ETC. v. HARTER

Record No. 801256.

281 S.E.2d 911 (1981)

CITY OF WAYNESBORO, SHERIFF'S DEPARTMENT, et al. v. Edgar G. HARTER.

Supreme Court of Virginia.

September 11, 1981.

Attorney(s) appearing for the Case

Douglas Leigh Guynn, Harrisonburg (M. Bruce Wallinger, Wharton, Aldhizer & Weaver, Harrisonburg, on briefs), for appellants.

A. Lee McGratty, Waynesboro (Ajemian & McGratty, Waynesboro, on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.

STEPHENSON, Justice.

In this appeal from the Industrial Commission, we are called on to interpret Code § 65.1-47.11 which creates a rebuttable presumption that certain illnesses contracted by firemen and policemen are to be considered occupational diseases suffered in the line of duty, unless the employer proves otherwise.

The claimant, Edgar G. Harter, started work as a deputy sheriff for the City of Waynesboro in September...

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