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McMURPHY COAL CO. v. MILLER

Record No. 1051-94-3.

455 S.E.2d 265 (1995)

20 Va. App. 57

McMURPHY COAL COMPANY and Old Republic Insurance Company v. Eddie Lee MILLER.

Court of Appeals of Virginia, Salem.

March 21, 1995.

Attorney(s) appearing for the Case

Stanford T. Mullins, Grundy (Street, Street, Street, Scott & Bowman, on brief), for appellants.

Paul L. Phipps, Norton (Wolfe & Farmer, on brief), for appellee.

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

MOON, Chief Judge.

Appellants, McMurphy Coal Company and Old Republic Insurance Company (employer), appeal from the commission's decision that Miller (claimant) is entitled to compensation. The commission's decision overruled the deputy commissioner's finding that the claimant's evidence failed to establish an injury by accident on November 13, 1992, arising out of and during the course of his employment. On appeal, appellants contend that the commission erred because...

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