WHITT v. RACE FORK COAL CORP.

Record No. 2177-92-3.

441 S.E.2d 357 (1994)

James WHITT, v. RACE FORK COAL CORPORATION and Virginia Employment Commission.

Court of Appeals of Virginia.

March 15, 1994.


Attorney(s) appearing for the Case

Mary Wheeling Martelino (Client Centered Legal Services of Southwest Virginia, Inc., on briefs), for appellant.

No brief or argument for appellee Race Fork Coal Corp.

James W. Osborne, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., Mary Yancy Spencer, Deputy Atty. Gen., Richard L. Walton, Jr., Richard B. Zorn, Sr. Asst. Attys. Gen., on brief), for appellee Virginia Employment Com'n.

Present: BENTON, KOONTZ and WILLIS, JJ.


WILLIS, Judge.

The trial court affirmed the decision of the Virginia Employment Commission denying unemployment compensation benefits to James Whitt on the ground that he left his employment voluntarily without good cause. Code § 60.2-618(1). On appeal, Whitt contends that the trial court erred (1) in applying an incorrect standard of review, (2) in holding that Whitt was not "unemployed" due to his injury, prior to May 15, 1991, and (3) in holding that Whitt...

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