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VA. BIRTH-RELATED NEUROLOGICAL v. YOUNG

Record No. 0827-00-2.

541 S.E.2d 298 (2001)

34 Va. App. 306

VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PROGRAM v. Ada F. YOUNG, Mother of William T. Young, Jr.

Court of Appeals of Virginia, Richmond.

February 13, 2001.

Attorney(s) appearing for the Case

John J. Bean, Jr., Senior Assistant Attorney General (Mark L. Earley, Attorney General; Frank S. Ferguson, Deputy Attorney General, on brief), for appellant.

Grady W. Donaldson, Jr. (Schenkel & Donaldson, P.C., on brief), Lynchburg, for appellee.

Present: WILLIS and ANNUNZIATA, JJ., and COLEMAN, Senior Judge.

WILLIS, Judge.

The Virginia Birth-Related Neurological Injury Compensation Program (Program) appeals the decision of the Workers' Compensation Commission (commission) awarding benefits and expenses to Ada F. Young, mother of William T. Young, Jr., (Tommy), pursuant to Code § 38.2-5009, The Program contends the commission erred when it found that the Program failed to rebut the statutory presumption contained in Code § 38.2-5008(A). For the reasons that follow...

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