MUSICK v. CODELL CONST. CO.

Record No. 1211-86-3.

358 S.E.2d 739 (1987)

Comer C. MUSICK v. CODELL CONSTRUCTION COMPANY.

Court of Appeals of Virginia.

July 21, 1987.


Attorney(s) appearing for the Case

Lawrence L. Moise III (Robert Austin Vinyard, Abingdon, on brief), for appellant.

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

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


COLEMAN, Judge.

Comer Musick appeals from an Industrial Commission order which dismissed his claim for compensation for pneumoconiosis based on the failure to file a claim within the five-year limitation period of Code § 65.1-52. Musick contends that Code § 8.01-229(E)(1) tolled the running of the statute of limitations during the time period he had previously filed applications, thus making this application timely. We disagree and find that Musick's claim...

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