WESTMORELAND COAL CO. v. COFFEY

No. 1032-91-3.

412 S.E.2d 209 (1991)

WESTMORELAND COAL COMPANY v. James Emerson COFFEY.

Court of Appeals of Virginia.

December 24, 1991.


Attorney(s) appearing for the Case

Michael F. Blair, Abingdon (Penn, Stuart, Eskridge & Jones, on brief), for appellant.

Clarence E. Phillips, St. Paul (Kilgore, Phillips & Steele, on brief), for appellee.

Present: BARROW, COLEMAN and MOON, JJ.


BARROW, Judge.

In this appeal from the Workers' Compensation Commission, the employer contends that the commission erred in not finding the employee's claim for compensation barred because of his failure to give notice of his accident as required by Code § 65.1-85. We hold that credible evidence supports the commission's finding that the employee had a reasonable excuse for not giving notice as required by the statute and that the employer has not been prejudiced...

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