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COX v. OAKWOOD MIN., INC.

Record No. 0541-92-3.

434 S.E.2d 904 (1993)

Arnold COX v. OAKWOOD MINING, INC., et al.

Court of Appeals of Virginia.

August 31, 1993.

Attorney(s) appearing for the Case

Lawrence L. Moise, III, Abingdon (Vinyard and Moise, on brief), for appellant.

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

Present: COLEMAN, KOONTZ and BRAY, JJ.

BRAY, Judge.

Arnold Cox (claimant), now deceased, appeals a decision of the Workers' Compensation Commission (commission) which denied his application for coal workers' pneumoconiosis benefits. He contends that the commission erred in refusing to admit an autopsy and related medical report as after-discovered evidence. We agree and reverse the decision of the commission.1

The record...

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