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COLLINS v. DEPT. OF ALCOHOLIC BEV. CON.

Record No. 1053-94-1.

467 S.E.2d 279 (1996)

21 Va. App. 671

Donald F. COLLINS v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, et al.

Court of Appeals of Virginia, Norfolk.

Rehearing En Banc Granted March 22, 1996.

Attorney(s) appearing for the Case

Karen M. Rye, Norfolk, for appellant.

W. Mark Dunn, Assistant Attorney General (James S. Gilmore, III, Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General, on brief), for appellees.

Present: BAKER, BENTON, JJ., and HODGES, Senior Judge.

BAKER, Judge.

In this appeal from a decision of the Workers' Compensation Commission (commission), Donald F. Collins (claimant) contends that the commission erroneously permitted the Department of Alcohol Beverage Control and its insurance carrier (jointly referred to herein as employer) to recoup the overpayment of compensation benefits paid to claimant pursuant to an award. The commission found that because the calculation of claimant's average weekly wage had been...

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