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KEITH v. BALL METAL BEVERAGE CONTAINER

Record No. 1225-04-3.

608 S.E.2d 501 (2005)

45 Va. App. 50

Robert D. KEITH v. BALL METAL BEVERAGE CONTAINER CORPORATION.

Court of Appeals of Virginia, Salem.

February 1, 2005.

Attorney(s) appearing for the Case

Daniel R. Bieger (Copeland & Bieger, P.C., on brief), Abingdon, for appellant.

Ramesh Murthy (Lisa Frisina Clement; Penn, Stuart & Eskridge, on brief), Abingdon, for appellee.

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

BUMGARDNER, III, Judge.

Robert D. Keith appeals the Workers' Compensation Commission's denial of his claim for benefits arising from an accidental injury. The commission held the claim for benefits was barred by the statute of limitations, Code § 65.2-601, and not preserved by the tolling provision of Code § 65.2-708(C). The worker established a disability within two years of the accident but concedes he did not suffer lost wages until after that period...

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