MAYBERRY v. ALCOA BLDG. PRODUCTS

Record No. 0069-93-3.

441 S.E.2d 349 (1994)

James O. MAYBERRY v. ALCOA BUILDING PRODUCTS, et al.

Court of Appeals of Virginia.

March 8, 1994.


Attorney(s) appearing for the Case

Thomas W. Dixon, Jr., Staunton (Nelson, McPherson, Summers & Santos, on brief), for appellant.

C. Ervin Reid, Richmond (G. Rodney Young, II, Wright, Robinson, McCammon, Osthimer & Tatum, on brief), for appellees.

Present: MOON, C.J., and COLEMAN and WILLIS, JJ.


MOON, Chief Judge.

Appellant, James O. Mayberry, appeals the commission's finding that his claim to compensation for work incapacity was barred by the statute of limitations. We affirm because Mayberry had no awardable work incapacity within two years from the date of his accident. Mayberry's original claim was for medical treatment only and not for work incapacity. Mayberry's second application cannot be considered a change in condition application because it was...

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