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JAMES v. ARLINGTON COUNTY BD. OF SUP'RS

Record No. 820972.

307 S.E.2d 900 (1983)

James V. JAMES v. ARLINGTON COUNTY BOARD OF SUPERVISORS.

Supreme Court of Virginia.

October 14, 1983.

Attorney(s) appearing for the Case

Richard E. Trodden, Alexandria (Ashcraft & Gerel, Alexandria, on brief), for appellant.

Cynthea L. Perry, Asst. County Atty. (Charles G. Flinn, County Atty., on brief), for appellee.

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

THOMAS, Justice.

The central issue in this workers' compensation case is whether the Industrial Commission (Commission) is empowered to make a threshold determination of its jurisdiction without having to resort to an adversarial hearing. Here, the Commission, acting solely upon review of the papers filed in the case, rejected a claim on the ground that it had not been filed within two years of the diagnosis of the alleged occupational disease. Because timely filing...

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