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UNINSURED EMPLOYER'S FUND v. FLANARY

Record No. 1521-97-3.

497 S.E.2d 912 (1998)

27 Va. App. 201

The UNINSURED EMPLOYER'S FUND v. Alfred L. FLANARY, Moose Coal Company and The Virginia Property and Casualty Insurance Guaranty Association.

Court of Appeals of Virginia, Richmond.

April 21, 1998.

Attorney(s) appearing for the Case

John J. Beall, Jr., Senior Assistant Attorney General (Richard Cullen, Attorney General; James W. Osborne, Assistant Attorney General, on brief), for appellant.

Michael F. Blair (Penn, Stuart, Eskridge & Jones, on brief), Abingdon, for appellee The Virginia Property and Casualty Insurance Guaranty Association.

No brief or argument for appellees Alfred L. Flanary and Moose Coal Company.

Present: BENTON, COLEMAN and BUMGARDNER, JJ.

BENTON, Judge.

The Uninsured Employer's Fund appeals from a ruling of the Workers' Compensation Commission requiring the Fund and Moose Coal Company to pay an award of lifetime benefits to Albert L. Flanary, a former employee of Moose Coal. The Fund contends the commission erred in failing to apportion the award between the Fund and the Virginia Property and Casualty Insurance Guaranty Association, which was statutorily obligated to pay the "covered claims" of one...

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