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MISTER KLEEN MAINTENANCE CO. v. CLARK

Record Nos. 2138-92-4, 2241-92-4.

447 S.E.2d 541 (1994)

MISTER KLEEN MAINTENANCE COMPANY, et al., Appellants, v. Ernest Elmer CLARK, Appellee. Ernest Elmer CLARK, Appellant, v. MISTER KLEEN MAINTENANCE COMPANY, et al., Appellees.

Court of Appeals of Virginia.

August 23, 1994.

Attorney(s) appearing for the Case

William C. Walker, Norfolk (Donna White Kearney, Taylor & Walker, P.C., on brief), for Mister Kleen Maintenance Co., et al.

Stephen W. Robinson, Washington, DC (Lynn A. Wurzburg, McGuire, Woods, Battle & Boothe, on brief), for Ernest Elmer Clark.

Before MOON, C.J., and BAKER, BENTON, COLEMAN, KOONTZ, WILLIS, ELDER, BRAY and FITZPATRICK, JJ.

UPON A REHEARING EN BANC

On December 14, 1993 a panel of this Court affirmed in part and reversed in part a decision of the Workers' Compensation Commission (commission). See Mister Kleen Maintenance Co. v. Clark, ___ Va.App. ___, 438 S.E.2d 304 (1993). The employer's petition for rehearing en banc was granted on January 20, 1994, and the mandate of the December 14, 1993 opinion was stayed.

The appeal was reheard...

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