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MILLER v. LOCHER SILICA CORP.

Record No. 0897-90-3.

408 S.E.2d 566 (1991)

Mitchell MILLER v. LOCHER SILICA CORPORATION and Liberty Mutual Insurance Company.

Court of Appeals of Virginia.

August 27, 1991.

Attorney(s) appearing for the Case

Daniel Schorsch (Poindexter, Schorsch & Patterson, Waynesboro, on brief), for appellant.

Thomas H. Miller (Linda Davis Frith, Gentry, Locke, Rakes & Moore, Roanoke, on brief), for appellees.

Panel: KOONTZ, C.J., and BENTON and DUFF, JJ.

BENTON, Judge.

Mitchell Miller appeals the Industrial Commission's denial of his claim for workers' compensation insurance benefits. He asserts that the five year limitation on occupational disease claims, as applied to him pursuant to Code § 65.1-52(3), denied him due process and equal protection as guaranteed by both the United States and Virginia Constitutions. We disagree and affirm the commission's denial of coverage...

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