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POWHATAN CORR. v. MITCHELL-RIGGLEMAN

Record No. 1123-02-3.

579 S.E.2d 696 (2003)

40 Va. App. 491

POWHATAN CORRECTIONAL CENTER/COMMONWEALTH of Virginia v. Virginia Grace MITCHELL-RIGGLEMAN

Court of Appeals of Virginia, Salem.

May 6, 2003.

Attorney(s) appearing for the Case

Scott John Fitzgerald, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Judith Williams Jagdmann, Deputy Attorney General; Edward M. Macon, Senior Assistant Attorney General, on brief), for appellant.

No brief or argument for appellee.

Present: FITZPATRICK, C.J., and ELDER, J., and COLEMAN, Senior Judge.

COLEMAN, III, Judge.

Powhatan Correctional Center/Commonwealth of Virginia (employer) appeals a decision of the Workers' Compensation Commission awarding Cost-of-Living Adjustment (COLA) benefits to Virginia Grace Mitchell-Riggleman (claimant). Employer contends the commission erred as a matter of law in finding claimant was entitled to COLA benefits beginning in June 1994 because her monthly Social Security benefits, combined with her workers' compensation disability...

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