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HERVEY v. NEWPORT NEWS SHIPBUILDING

Record No. 1100-89-4.

402 S.E.2d 688 (1991)

Stephen HERVEY v. NEWPORT NEWS SHIPBUILDING & DRY DOCK COMPANY.

Court of Appeals of Virginia.

March 19, 1991.

Attorney(s) appearing for the Case

Oldric J. LaBell, Jr., for appellant.

Lawrence P. Postol (Seyfarth, Shaw, Fairweather & Geraldson, on brief), for appellee.

Present: KOONTZ, C.J., and BAKER and BARROW, JJ.

KOONTZ, Chief Judge.

Stephen Hervey appeals a decision of the Industrial Commission dismissing his application for workers' compensation benefits on the ground that his claim was barred by the two year statute of limitations for filing claims under Code § 65.1-87. Inherent in that decision was the commission's finding that the statute of limitations was not tolled under Code § 65.1-87.1. Hervey contends the statute of limitations was tolled by certain payments...

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