BROWN v. BROWN

Record No. 1598-02-2.

577 S.E.2d 543 (2003)

40 Va. App. 79

Dane BROWN, t/a Dane Brown Electrical and Princeton Insurance Company, v. Dane B. BROWN.

Court of Appeals of Virginia, Richmond.

March 11, 2003.


Attorney(s) appearing for the Case

S. Vernon Priddy III (Cecil H. Creasey, Jr.; Sands Anderson Marks & Miller, on brief), Richmond, for appellants.

Craig B. Davis (Emroch & Kilduff, on brief), for appellee.

Present: Chief Judge FITZPATRICK, Judges BENTON and KELSEY.


BENTON, Judge.

The sole issue raised by this appeal is whether the commission erred by calculating an average weekly wage using the sole proprietor's profit and loss statements for the fifty-two weeks immediately preceding the injury rather than Schedule C from the sole proprietor's prior year's tax return. We hold that the commission did not err, and we affirm the award.

I.

Dane Brown filed an application for benefits alleging an injury by accident...

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