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JEFF COAL, INC. v. PHILLIPS

Record No. 0518-92-3.

430 S.E.2d 712 (1993)

JEFF COAL, INC., et al. v. Jeffrey L. PHILLIPS.

Court of Appeals of Virginia.

April 20, 1993.

Attorney(s) appearing for the Case

Ramesh Murthy (Penn, Stuart, Eskridge & Jones, on briefs), Abingdon, for appellants.

Gregory R. Herrell (Jon L. Duncan, Arrington, Schelin & Herrell, P.C., Lebanon, on brief), for appellee.

Present: KOONTZ, C.J., and MOON and BRAY, JJ.

KOONTZ, Chief Judge.

Jeff Coal, Inc., employer, appeals from a decision of the Workers' Compensation Commission (commission) awarding benefits to Jeffrey L. Phillips (Phillips), claimant. On appeal, employer contends that the commission erred (1) in finding that Phillips had timely filed a claim for benefits and (2) in striking employer's defenses. We hold that the commission did not err in finding that Phillips' claim was timely filed. However, because we find that...

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