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PAYNE v. MASTER ROOFING AND SIDING, INC.

Record No. 0313-85.

339 S.E.2d 559 (1986)

James R. PAYNE v. MASTER ROOFING AND SIDING, INC., and Bituminous Fire and Marine Insurance Company.

Court of Appeals of Virginia.

Decided February 4, 1986.

Attorney(s) appearing for the Case

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

Elizabeth M. Parrish (Sands, Anderson, Marks & Miller, Richmond, on brief), for appellee.

Present: DUFF, MOON and COLE, JJ.

MOON, Judge.

James R. Payne seeks reversal of a decision by the Industrial Commission which denied him payment for emergency room treatment and subsequent care upon the grounds that no emergency existed when he entered the hospital. We reverse with instructions because the uncontradicted evidence shows that an emergency existed.

Code § 65.1-88 provides for treatment by an unauthorized physician in an "emergency...

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