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DAVEY TREE EXPERT SERVICE CO. v. ACUFF

Record No. 1892-94-4.

456 S.E.2d 544 (1995)

20 Va. App. 320

DAVEY TREE EXPERT SERVICE COMPANY and Nationwide Mutual Fire Insurance Company v. Morris Allen ACUFF.

Court of Appeals of Virginia, Alexandria.

May 9, 1995.

Attorney(s) appearing for the Case

Robert C. Baker, Jr., Washington, DC (Mell, Brownell & Baker, on brief), for appellants.

Nikolas E. Parthemos, Winchester (Prosser, Parthemos & Bryant, P.C., on brief), for appellee.

Present: MOON, C.J., and FITZPATRICK, J., and DUFF, Senior Judge.

DUFF, Senior Judge.

Davey Tree Expert Service Company ("Davey Tree" or "employer") and its insurer appeal a decision of the Workers' Compensation Commission awarding temporary partial disability benefits to Morris Allen Acuff (claimant). Finding no error, we affirm the commission's decision.

The facts are undisputed. On June 6, 1989, claimant suffered a compensable right ankle injury while working for Davey Tree as a sales service technician, earning an average...

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