JOHNSON v. SMITH

Record No. 0854-92-4.

428 S.E.2d 508 (1993)

Robert W. JOHNSON v. Ivy H. SMITH, et al.

Court of Appeals of Virginia.

March 30, 1993.


Attorney(s) appearing for the Case

Lawrence J. Pascal (Ashcraft & Gerel, on briefs), for appellant.

Robert W. Dowler (Godard, West & Adelman, on brief), for appellees.

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


MOON, Judge.

Robert W. Johnson, claimant, appeals the commission's finding that his claim for permanent partial disability benefits is barred by the thirty-six month statute of limitations of Code § 65.2-708. We disagree and reverse because claimant filed his change of condition application within the thirty-six month period, and uncontradicted evidence was presented of a present and existing disability within the thirty-six month period.

Claimant sustained...

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