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FAIRFAX COUNTY v. ESPINOLA

Record No. 1877-89-4.

396 S.E.2d 856 (1990)

FAIRFAX COUNTY v. Mario E. ESPINOLA.

Court of Appeals of Virginia.

October 2, 1990.

Attorney(s) appearing for the Case

Peter D. Andreoli, Jr., Sr. Asst. County Atty. (David T. Stitt, County Atty., Robert Lyndon Howell, Deputy County Atty., on briefs), for appellant.

Gregory C. Mitchell (Dale & Mitchell, Washington, D.C., on brief), for appellee.

Present: KOONTZ, C.J., and DUFF and KEENAN, JJ.

KOONTZ, Chief Judge.

Fairfax County (the County) appeals a decision of the Industrial Commission awarding benefits to Mario E. Espinola, claimant, for disability due to an occupational disease. On appeal, the County contends that the commission erred in finding that Espinola met his burden of proof under Code § 65.1-46.1 to establish that his hepatitis was compensable. The County also asserts that the commission erred...

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