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MIZE v. ROCKY MOUNT READY MIX, INC.

Record No. 1191-89-3.

401 S.E.2d 200 (1991)

Roger Wayne MIZE v. ROCKY MOUNT READY MIX, INC., et al.

Court of Appeals of Virginia.

January 29, 1991.

Attorney(s) appearing for the Case

F. Rodney Fitzpatrick, Roanoke, for appellant.

Richard D. Lucas (Woods, Rogers & Hazlegrove, Roanoke, on brief), for appellees.

Present: COLEMAN, DUFF and COLE, JJ.

COLEMAN, Judge.

The claimant, Roger Wayne Mize, filed a motion to reopen his application for worker's compensation benefits, alleging that he obtained new and additional evidence after the deputy commissioner's hearing but before review by the commission. The commission, invoking Rule 2(C)1, denied the motion. We hold that because the commission based its refusal to reopen on the misconception that the newly obtained evidence could form...

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