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ATCHISON v. MAY DEPT. STORES CO.

No. 820590.

304 S.E.2d 640 (1983)

Alton L. ATCHISON, Jr. v. MAY DEPARTMENT STORES COMPANY.

Supreme Court of Virginia.

June 17, 1983.

Attorney(s) appearing for the Case

Peter M. Sweeny, Alexandria (Ashcraft & Gerel, Alexandria, on brief), for appellant.

Joseph Dyer, Fairfax (Siciliano, Ellis, Sheridan & Dyer, Fairfax, on brief), for appellee.

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

COMPTON, Justice.

This workmen's compensation appeal deals with cost of living supplements for total incapacity. Specifically, we determine under Code § 65.1-99.1 whether entitlement to previous annual cost of living incremental payments becomes fixed and immune from reduction during a subsequent year when the claimant is not entitled to an annual cost of living supplement because of receipt of social security benefits.

Code § 65.1-99.1, enacted...

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