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CHITWOOD v. E.I. DU PONT DE NEMOURS & CO.

Record No. 1566-98-2.

513 S.E.2d 890 (1999)

29 Va. App. 611

Roscoe CHITWOOD v. E.I. DU PONT DE NEMOURS AND COMPANY, INC.

Court of Appeals of Virginia, Richmond.

April 27, 1999.

Attorney(s) appearing for the Case

Peter McIntosh (Gary Kendall; Michie, Hamlett, Lowry, Rasmussen & Tweel, on brief), Charlottesville, for appellant.

Stephen D. Busch (Samuel L. Tarry, Jr.; McGuire, Woods, Battle & Boothe, on brief), Richmond, for appellee.

Present: BENTON, COLEMAN and ELDER, JJ.

COLEMAN, Judge.

In this workers' compensation appeal, we determine whether the commission correctly allowed an employer credit for payments made for stage one asbestosis against an award for stage two asbestosis under Code § 65.2-503(B)(17)(b). For the following reasons, we find that the commission did not err; accordingly, we affirm.

BACKGROUND

In 1996, the Workers' Compensation Commission found that Roscoe Chitwood suffered from second...

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