FAIRFAX COUNTY FIRE & RESCUE v. MITCHELL

Record No. 0559-91-4.

421 S.E.2d 668 (1992)

FAIRFAX COUNTY FIRE AND RESCUE DEPARTMENT v. William Harrison MITCHELL.

Court of Appeals of Virginia.

August 18, 1992.


Attorney(s) appearing for the Case

Peter D. Andreoli, Jr., Sr. Asst. Co. Atty. (David T. Stitt, Co. Atty., Robert Lyndon Howell, Deputy Co. Atty., on briefs), for appellant.

Michael W. Heaviside, Alexandria (Ashcraft & Gerel, on brief), for appellee.

Present: BAKER, DUFF and ELDER, JJ.


ELDER, Judge.

The Fairfax County Fire and Rescue Department (the Department) contends that the Virginia Workers' Compensation Commission erred in awarding occupational disease benefits to William Harrison Mitchell, claimant, who was employed as an emergency medical services lieutenant. The sole issue on appeal is whether the employer's evidence rebutted the presumption provided by Code § 65.1-47.1. We hold that, because the rebuttal evidence failed to exclude...

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