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AUDOBON TREE SERVICE v. CHILDRESS

Record No. 0832-85.

341 S.E.2d 211 (1986)

AUDOBON TREE SERVICE and Insurance Company of North America v. Eric L. CHILDRESS.

Court of Appeals of Virginia.

Decided March 4, 1986.

Attorney(s) appearing for the Case

Benjamin J. Trichilo (Lewis & Trichilo, Fairfax, on brief), for appellant.

Julia H. Butler (Ashcraft & Gerel, Alexandria, on brief), for appellee.

Present: KOONTZ, C.J., and BENTON and KEENAN, JJ.

KEENAN, Judge.

Audobon Tree Service appeals from an Industrial Commission decision assessing a twenty percent late payment penalty, pursuant to Code § 65.1-75.1, for alleged late payment of benefits to Eric L. Childress.1 The award of benefits was based on a supplemental memorandum of agreement submitted by the parties. The issue presented on appeal is whether the penalty should have been assessed. While we agree with the Commission...

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