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RACE FORK COAL CO. v. TURNER

Record No. 0014-87-3.

363 S.E.2d 423 (1987)

RACE FORK COAL CO. and Old Republic Insurance Co. v. Mack TURNER, Uninsured Employers Fund, and Travis Coal, Inc.

Court of Appeals of Virginia.

December 15, 1987.

Attorney(s) appearing for the Case

Thomas R. Scott, Jr. (Street, Street, Street, Scott & Bowman, Grundy, on brief), for appellants.

Mark W. Claytor, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellees.

Before COLEMAN, DUFF and HODGES, JJ.

COLEMAN, Judge.

This appeal raises the issue whether a statutory employer is bound by an earlier finding by the Industrial Commission that an injury is compensable when the statutory employer was not a party to, had no notice of, and did not participate in the hearing. The commission held that the statutory employer, Race Fork Coal Co., and its insurer, Old Republic Insurance Co., are liable for the temporary total disability payments and medical expenses of the claimant...

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