BIRDSONG PEANUTS v. COWLING

Record No. 0709-88-1.

381 S.E.2d 24 (1989)

BIRDSONG PEANUTS v. Goldie COWLING, etc., et al.

Court of Appeals of Virginia.

June 6, 1989.


Attorney(s) appearing for the Case

F.E. Clark, (Parker and Clark, Franklin, on brief), for appellant.

B. Mayes Marks, Jr. (C. Hardaway Marks, Jr., Marks and Harrison, Hopewell, on brief), for appellee.

Present: BAKER, BARROW and COLE, JJ.


BARROW, Judge.

This is an appeal from an Industrial Commission award for the benefit of an illegitimate child born three days after the putative father's death. The father's employer, arguing that a putative father's pre-birth acknowledgement of an illegitimate child may not establish dependency under Code § 65.1-66(3), contends that the commission erred in awarding benefits for the child. The employer also contends that, since the deputy commissioner found the...

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