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HOY CONST., INC. v. FLENNER

Record Nos. 2152-99-1, 2229-99-1.

528 S.E.2d 148 (2000)

32 Va. App. 357

HOY CONSTRUCTION, INC. and Liberty Mutual Fire Insurance Co. v. Howard FLENNER. Howard Flenner v. Hoy Construction, Inc. and Liberty Mutual Fire Insurance Co.

Court of Appeals of Virginia, Chesapeake.

May 2, 2000.

Attorney(s) appearing for the Case

Bradford C. Jacob (Taylor & Walker, P.C., on briefs), Norfolk, for Hoy Construction, Inc. and Liberty Mutual Fire Insurance Co.

C. Allen Riggins (Parker, Pollard & Brown, P.C., on briefs), Virginia Beach, for Howard Flenner.

Present: FITZPATRICK, C.J., and ELDER and BRAY, JJ.

BRAY, Judge.

Hoy Construction, Inc. and Liberty Mutual Fire Insurance Co. (collectively employer) appeal an award of temporary total disability benefits to Howard Flenner (claimant), upon his change of condition application. Employer contends that the award is barred by Code § 65.2-510 and, moreover, is unsupported by the evidence. Claimant cross-appeals, complaining that the commission erroneously construed Code § 65.2-510 to preclude temporary partial...

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