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WHITTEN v. MEAD PAPERBOARD PRODUCTS

Record No. 0766-86-3.

355 S.E.2d 349 (1987)

Austin S. WHITTEN v. MEAD PAPERBOARD PRODUCTS.

Court of Appeals of Virginia.

April 21, 1987.

Attorney(s) appearing for the Case

Mosby G. Perrow, III (Caskie, Frost, Hobbs, Thompson, Knakal & Alford, Lynchburg, on brief), for appellant.

J. Gorman Rosenberger, Jr. (Kizer, Phillips & Petty, Lynchburg, on brief), for appellee.

Before KOONTZ, C.J., and COLEMAN and MOON, JJ.

MOON, Judge.

Austin S. Whitten appeals a decision of the Industrial Commission which denied his petition to recover benefits that accrued more than ninety days before he filed a change in condition application. Whitten contends that Rule 13(B) of the Rules of the Industrial Commission, which the Commission relied upon when it dismissed his petition, conflicts with Code § 65.1-99 which permits a filing of an application for a change in condition up to twenty-four...

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