RATLIFF v. CARTER MACHINERY CO., INC.

Record No. 1255-02-3.

575 S.E.2d 571 (2003)

39 Va. App. 586

Cecil William RATLIFF, Jr. v. CARTER MACHINERY CO., INC. and Employers Insurance of Wausau.

Court of Appeals of Virginia, Salem.

January 21, 2003.


Attorney(s) appearing for the Case

Traci M. Coleman (Clarence E. Phillips, P.C., on brief), Saint Paul, for appellant.

(Linda D. Frith; E. Albion Armfield; Frith, Anderson & Peake, P.C., on brief), Roanoke, for appellees. Appellees submitting on brief.

Present: HUMPHREYS, AGEE and KELSEY, JJ.


AGEE, Judge.

Cecil William Ratliff (Ratliff) appeals a decision of the Workers' Compensation Commission (commission) denying his request to assess a twenty percent statutory penalty under Code § 65.2-524 against Carter Machinery Co., Inc. and its insurer (employer). For the reasons that follow, we affirm the commission's decision.

I. BACKGROUND

The facts are not in dispute. Ratliff sustained a compensable injury to his back for which the parties...

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