NGUYEN v. FAIRFAX COUNTY BD. OF SUP'RS

Record No. 3164-96-4.

493 S.E.2d 391 (1997)

26 Va. App. 100

Hanh NGUYEN v. FAIRFAX COUNTY BOARD OF SUPERVISORS.

Court of Appeals of Virginia, Alexandria.

December 2, 1997.


Attorney(s) appearing for the Case

Kathleen G. Walsh (Ashcraft & Gerel, on brief), Alexandria, for appellant.

Peter D. Andreoli, Jr., Senior Assistant County Attorney (David P. Bobzien, County Attorney, on brief), for appellee.

Present: FITZPATRICK, C.J., and BAKER and ANNUNZIATA, JJ.


FITZPATRICK, Chief Judge.

Hanh Nguyen (claimant) appeals a decision of the Workers' Compensation Commission denying her change-in-condition application as time barred. Claimant contends she is entitled to the tolling provisions of Code § 65.2-708(C) because she returned to selective employment after her injury. We disagree and affirm the commission.

The facts are not in dispute. On August 7, 1990, claimant injured her back at work. Employer accepted the...

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