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VA. DEPT. OF STATE POLICE v. TALBERT

Record No. 0581-85.

337 S.E.2d 307 (1985)

VIRGINIA DEPARTMENT OF STATE POLICE and Charter Oak Fire Insurance Company v. Nancy K. TALBERT.

Court of Appeals of Virginia.

Decided December 3, 1985.

Attorney(s) appearing for the Case

Jeffrey H. Gray (Wilcox & Savage, Norfolk, on brief), for appellant.

Bernard A. Gill, Jr., Richmond, for appellee.

Present: COLEMAN, DUFF and HODGES, JJ.

COLEMAN, Judge.

This appeal from the Industrial Commission presents the issue whether, as a matter of law, the employer overcame the rebuttable presumption created by Code § 65.1-47.1 that the death of a police officer caused by heart disease is an occupational disease suffered in the line of duty covered by the Workers' Compensation Act. The employer, the Virginia Department of State Police, contends that the medical evidence presented to the Commission overwhelmingly...

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