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CITY OF FAIRFAX v. MASSEY

Record Nos. 0981-89-4, 1033-89-4.

397 S.E.2d 679 (1990)

CITY OF FAIRFAX v. William R. MASSEY. William R. MASSEY v. CITY OF FAIRFAX.

Court of Appeals of Virginia.

October 30, 1990.

Attorney(s) appearing for the Case

Daniel E. Lynch (William B. Pierce, Jr., Williams, Butler, and Pierce, on briefs), for City of Fairfax.

Peter M. Sweeny, for William R. Massey.

Present: BARROW, COLE and KEENAN, JJ.

BARROW, Judge.

In these two appeals from the Industrial Commission, both the employer and the employee question the method of applying the "dissimilar employment rule" in two awards by the commission.1 The "dissimilar employment rule," an interpretive rule adopted by the commission, excludes wages earned in concurrent dissimilar employment from an employee's "average weekly wages" under Code § 65.1-6. See Hudson v. Arthur Treachers...

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