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CITY OF PORTSMOUTH SHERIFF'S DEPT. v. CLARK

Record No. 2667-98-1.

518 S.E.2d 342 (1999)

30 Va. App. 545

CITY OF PORTSMOUTH SHERIFF'S DEPARTMENT v. Stephen E. CLARK.

Court of Appeals of Virginia, Norfolk.

September 7, 1999.

Attorney(s) appearing for the Case

William C. Walker (Donna White Kearney; Taylor & Walker, on brief), Norfolk, for appellant.

James T. Martin (Lieberman & Martin, on brief), Chesapeake, for appellee.

Present: COLEMAN, ANNUNZIATA and BUMGARDNER, JJ.

ANNUNZIATA, Judge.

The City of Portsmouth Sheriffs Department ("employer") appeals the Workers' Compensation Commission's ("the commission") determination that Stephen E. Clark ("claimant") is entitled to benefits under the Workers' Compensation Act ("Act"). Employer contends the commission erred in holding that employer failed to rebut the statutory presumption of Code § 65.2-402(B) that claimant's heart condition is an occupational disease covered by the Act...

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