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KEENAN v. WESTINGHOUSE ELEVATOR CO.

Record No. 0690-89-4.

391 S.E.2d 342 (1990)

William D. KEENAN v. WESTINGHOUSE ELEVATOR COMPANY.

Court of Appeals of Virginia.

April 24, 1990.

Attorney(s) appearing for the Case

Peter C. DePaolis (Koonz, McKenney, & Johnson, P.C., Falls Church, on brief), for appellant.

Michael P. Chervenak (Ford, Chervenak & Foote, on brief), for appellee.

Present: BAKER, COLEMAN and DUFF, JJ.

COLEMAN, Judge.

The sole issue presented by this appeal from the Industrial Commission is whether a claimant's withdrawal of an "Application for Hearing" also serves to withdraw the claim. The commission held that it did, and as a consequence ruled that when the claimant filed a second "Application for Hearing," the claim was barred by the two year limitation of Code § 65.1-87. We reverse the commission's finding because the facts do not show that the claimant...

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