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OWENS v. YORK (COUNT OF) FIRE AND RESCUE

Record No. 1898-01-4.

564 S.E.2d 150 (2002)

38 Va. App. 354

Kenneth R. OWENS v. YORK (COUNTY OF) FIRE AND RESCUE and Virginia Municipal Group Self-Insurance Association.

Court of Appeals of Virginia, Alexandria

May 28, 2002.

Attorney(s) appearing for the Case

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

Ralph L. Whitt, Jr. (Michael P. Del Bueno; Whitt & Associates, on brief), Richmond, for appellees.

Present: FITZPATRICK, C.J., FRANK and CLEMENTS, JJ.

FRANK, Judge.

Kenneth R. Owens (claimant) appeals a decision of the Workers' Compensation Commission (commission) denying him benefits under Code § 65.2-402(B). Claimant contends the commission erred when it found his claim did not meet the requirements of Code § 65.2-406 because he filed the claim more than two years after he received a diagnosis of an occupational disease. For the reasons stated, we affirm the decision of the commission.

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