UNINSURED EMPLOYER'S FUND v. MOUNTS

Record No. 2116-96-3.

484 S.E.2d 140 (1997)

24 Va. App. 550

UNINSURED EMPLOYER'S FUND v. Harold C. MOUNTS, Greasy Creek Coal Company and Virginia Property and Casualty Insurance Guaranty Association.

Court of Appeals of Virginia, Richmond.

April 22, 1997.


Attorney(s) appearing for the Case

John J. Beall, Jr., Senior Assistant Attorney General (James S. Gilmore, III, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; James W. Osborne, Assistant Attorney General, on briefs), for appellant.

Vincent J. Carroll, Richlands, for appellee Harold C. Mounts.

Dabney J. Carr, IV, Richmond (Mays & Valentine, L.L.P., on brief), for appellee Virginia Property and Casualty Insurance Guaranty Association.

No brief or argument for appellee Greasy Creek Coal Company.

Present: BENTON and ANNUNZIATA, JJ., and DUFF, Senior Judge.


BENTON, Judge.

The Uninsured Employer's Fund appeals from a ruling of the Workers' Compensation Commission requiring the employer, Greasy Creek Coal Company, and the Fund to provide Harold C. Mounts disability benefits based on first stage pneumoconiosis. The Fund contends that because Greasy Creek was insured as required by Code § 65.2-801 when Mounts was last injuriously exposed to coal dust, the commission erred in ruling that the Fund was liable for Mounts...

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