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TOMES v. JAMES CITY (COUNTY OF) FIRE

Record No. 2450-01-4.

573 S.E.2d 312 (2002)

39 Va. App. 424

Melvin H. TOMES, Jr. v. JAMES CITY (COUNTY OF) FIRE and Virginia Mutual Group Self-Insurance Association.

Court of Appeals of Virginia, Alexandria.

December 17, 2002.

Attorney(s) appearing for the Case

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

Ralph L. Whitt, Jr. (Whitt & Associates, on brief), Glen Allen, for appellees.

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

JEAN HARRISON CLEMENTS, Judge.

Melvin H. Tomes, Jr., (claimant) appeals a decision of the Workers' Compensation Commission (commission) denying his October 7, 1997 and June 7, 2000 and claims for benefits under Code § 65.2-402(A). The commission ruled both claims were for the same lung condition, which claimant, because he was not entitled to the benefit of the presumption in Code § 65.2-402, failed to prove was a compensable occupational disease. We hold...

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