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HENRICO COUNTY DIV. OF FIRE v. WOODY

Record No. 1254-02-4.

572 S.E.2d 526 (2002)

39 Va. App. 322

HENRICO COUNTY DIVISION OF FIRE v. Estate of William A. WOODY.

Court of Appeals of Virginia, Alexandria.

December 3, 2002.

Attorney(s) appearing for the Case

Ralph L. Whitt, Jr. (Michael P. Del Bueno; Whitt & Associates, on briefs), for appellant.

Michael A. Kernbach (Burgess, Kernbach & Perigard, on brief), Fairfax, for appellee.

Present: ELDER, ANNUNZIATA and AGEE, JJ.

AGEE, Judge.

The Henrico County Division of Fire ("the employer") appeals a decision of the Workers' Compensation Commission ("the commission") awarding benefits to the statutory beneficiaries ("the claimants") of William A. Woody ("Woody"). The employer alleges the commission misapplied the legal precedent implementing the statutory presumption of Code § 65.2-402 in finding Woody's respiratory disease was caused by his work as a firefighter and was thus a compensable...

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