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BERNER v. MILLS

Record No. 021006.

579 S.E.2d 159 (2003)

265 Va. 408

Todd BERNER, M.D., et al. v. Scott MILLS, Co-Administrator of the Estate of Nelson Mills, et al.

Supreme Court of Virginia.

April 17, 2003.

Attorney(s) appearing for the Case

Susan L. Mitchell (McCarthy & Massey, on briefs), for appellants.

Robert T. Hall (Holly Parkhurst Essing; Donna Miller Rostant; Hall, Sickels, Rostant, Frei & Kattenburg, on brief), Reston, for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.

Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the Court of Appeals erred in affirming a decision of the Virginia Workers' Compensation Commission (the Commission) that it lacked jurisdiction to consider a claim against a professional corporation under the Virginia Birth-Related Neurological Injury Compensation Act (the Act), Code §§ 38.2-5000 through -5021. The primary question we decide is whether certain statutory amendments...

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