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UNINSURED EMPLOYER'S FUND v. MOUNTS

Record No. 971074.

497 S.E.2d 464 (1998)

UNINSURED EMPLOYER'S FUND v. Harold C. MOUNTS, et al.

Supreme Court of Virginia.

February 27, 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.

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

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

No brief or argument on behalf of appellee Greasy Creek Coal Company.

Present: All the Justices.

COMPTON, Justice.

In this workers' compensation case, the sole issue at this stage of the appellate process is whether the Uninsured Employer's Fund is liable for payment of compensation for a claimant's occupational disease upon the ground that the claimant's employer violated Code § 65.2-801(A)(1). The statute, a part of the Workers' Compensation Act, requires every employer to "secure his liability thereunder" by "[i]nsuring and keeping insured his liability...

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