LesCALLETT v. ROZANSKY & KAY CONST. CO.

Record No. 0675-96-4.

477 S.E.2d 746 (1996)

23 Va. App. 404

James Henry LesCALLETT v. ROZANSKY & KAY CONSTRUCTION COMPANY and United States Fire Insurance Company.

Court of Appeals of Virginia, Alexandria.

November 12, 1996.


Attorney(s) appearing for the Case

Kenneth D. Bynum, Falls Church (Koonz, McKenney, Johnson & DePaolis, P.C., on brief), for appellant.

S. Vernon Priddy, III, Richmond (Mary Louise Kramer; Sarah Y.M. Kirby; Sands, Anderson, Marks & Miller, on brief), for appellees.

Present: WILLIS, FITZPATRICK and ANNUNZIATA, JJ.


WILLIS, Judge.

On appeal from a decision of the Virginia Workers' Compensation Commission denying him permanent and total disability benefits for loss of use of both of his legs pursuant to Code § 65.2-503(C), James H. LesCallett contends that the commission erred in ruling that "a claimant must show `that the loss of use [of the legs] is quantifi[able] since a specific incapacity rating is required before permanent partial or total disability benefits may be...

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