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LEADBETTER, INC. v. PENKALSKI

Record No. 1457-94-2.

464 S.E.2d 554 (1995)

21 Va. App. 427

LEADBETTER, INC. and Pennsylvania Manufacturers Indemnity Insurance Company v. Benjamin PENKALSKI.

Court of Appeals of Virginia, Richmond.

December 19, 1995.

Attorney(s) appearing for the Case

S. Vernon Priddy, III, Richmond (Jennifer G. Marwitz; Sands, Anderson, Marks & Miller, on brief), for appellants.

Malcolm Parks, III, Richmond (Susan Elaine Sieger; Maloney, Barr & Huennekens, on brief), for appellee.

Present: MOON, C.J., and BAKER, BENTON, COLEMAN, WILLIS, ELDER, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

UPON REHEARING EN BANC

BENTON, Judge.

Leadbetter, Inc. and its insurer appeal from the commission's award of temporary total disability benefits to Benjamin Penkalski. Leadbetter contends the commission erred in (1) failing to apply the rule of American Furniture Co. v. Doane, 230 Va. 39, 334 S.E.2d 548 (1985), (2) applying the "two causes rule" in awarding temporary total benefits, (3) concluding that Penkalski...

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