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MONTGOMERY ESTATE v. PORTSMOUTH POLICE D.

Record No. 1473-86-1.

358 S.E.2d 762 (1987)

ESTATE OF Samuel Avery MONTGOMERY v. CITY OF PORTSMOUTH POLICE DEPARTMENT.

Court of Appeals of Virginia.

August 4, 1987.

Attorney(s) appearing for the Case

William P. Williams (Evans, Williams & Wood, Virginia Beach, on briefs), for appellant.

James T. Martin (Asst. City Atty., Office of the City Atty., on brief), for appellee.

Present: BENTON, DUFF and HODGES, JJ.

BENTON, Judge.

The Estate of Samuel Avery Montgomery appeals from a decision of the Industrial Commission holding that the City of Portsmouth Police Department introduced sufficient evidence to rebut the statutory presumption in Code § 65.1-47.1 that Montgomery's heart disease was related to his employment as a police officer.1 For the reasons which follow, we affirm the commission's decision denying compensation benefits.

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