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KISER v. CLINCHFIELD COAL CO.

Record No. 820889.

302 S.E.2d 44 (1983)

Carl R. KISER v. CLINCHFIELD COAL COMPANY.

Supreme Court of Virginia.

April 29, 1983.

Attorney(s) appearing for the Case

Gerald F. Sharp, Castlewood, for appellant.

Michael F. Blair, Abingdon (Elizabeth S. Woodruff, Penn, Stuart, Eskridge & Jones, Abingdon, on brief), for appellee.

Before CARRICO, C.J., POFF, COMPTON, STEPHENSON and RUSSELL, JJ., and HARRISON, Retired Justice.

COMPTON, Justice.

The sole question in this workmen's compensation case is whether the applicable statute of limitations bars this claim of compensation for an occupational disease.

As pertinent here, Code § 65.1-52 (Repl. Vol.1980) provides that the right to compensation for coal worker's pneumoconiosis shall be forever barred unless a claim is filed with the Industrial Commission within three years "after a diagnosis of [such disease] is first communicated...

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