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BERNER v. MILLS EX REL. ESTATE OF MILLS

Record No. 1298-01-4.

560 S.E.2d 925 (2002)

38 Va. App. 11

Todd BERNER, M.D. and Primary Care for Women, P.C., v. Scott and Tara MILLS, Co-Administrators of the ESTATE OF Nelson MILLS, and Tara Mills, Individually.

Court of Appeals of Virginia, Alexandria.

March 26, 2002.

Attorney(s) appearing for the Case

Susan L. Mitchell (Tara M. McCarthy; McCarthy & Massey, P.C., on briefs), for appellants.

Robert T. Hall, Reston (Holly Parkhurst Essing; Donna Miller Rostant, Oak Hill; Hall & Sickels, P.C., on brief), for appellees.

Present: WILLIS, AGEE, JJ., and OVERTON, Senior Judge.

OVERTON, Judge.

Todd Berner, M.D. (Berner) and Primary Care for Women, P.C. (Primary Care) appeal a decision of the Workers' Compensation Commission ruling that it did not have jurisdiction over Primary Care under the Virginia Birth-Related Neurological Injury Compensation Act ("the Act"). Berner and Primary Care contend the commission erred in (1) refusing to apply the April 1, 2000 amendments to Code §§ 8.01-273.1 and 38.2-5001 retroactively to the present...

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