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MERILLAT INDUSTRIES, INC. v. PARKS

Record No. 0222-91-3.

421 S.E.2d 867 (1992)

MERILLAT INDUSTRIES, INC., et al. v. Carter McKinnon PARKS.

Court of Appeals of Virginia.

September 1, 1992.

Attorney(s) appearing for the Case

John E. Kieffer (Woodward, Miles & Flannagan, P.C., on brief), for appellants.

Gerald F. Sharp (J.D. Morefield, Browning, Morefield, Lamie & Sharp, P.C., on brief), for appellee.

Present: KOONTZ, C.J., and COLEMAN and ELDER, JJ.

ELDER, Judge.

Merillat Industries, Inc., and Michigan Mutual Insurance Co. (appellants) appeal from an award by the Industrial Commission compensating Carter McKinnon Parks (claimant) for temporary-total work incapacity beginning September 15, 1989, and continuing. Appellants assert (1) that the commission erred in entering an award based on an "occupational disease," when as a matter of law there was not a disease but instead a noncompensable cumulative injury, and...

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