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VIRGINIA POLYTECHNIC INSTITUTE v. POSADA

Record Nos. 0943-05-3, 0954-05-3.

622 S.E.2d 762 (2005)

47 Va. App. 150

VIRGINIA POLYTECHNIC INSTITUTE & STATE UNIVERSITY/COMMONWEALTH of Virginia v. Julio Emilio POSADA. Julio Emilio Posada v. Virginia Polytechnic Institute & State University/Commonwealth of Virginia.

Court of Appeals of Virginia, Salem.

December 13, 2005.

Attorney(s) appearing for the Case

Joseph F. Giordano (G. Bryant Butler, Jr.; Semmes, Bowen & Semmes, P.C., on briefs), Vienna, for Virginia Polytechnic Institute & State University/Commonwealth of Virginia.

Monica Taylor Monday (Matthew W. Broughton; Gentry Locke Rakes & Moore, on briefs), Roanoke, for Julio Emilio Posada.

Present: FITZPATRICK, C.J., and HUMPHREYS and FELTON, JJ.

WALTER S. FELTON, JR., Judge.

Virginia Polytechnic Institute ("employer")1 and Julio Posada ("claimant"), each appeal from an award of the Virginia Workers' Compensation Commission ("commission"). Employer asserts that the commission erred in finding: (1) that it unreasonably defended its failure to pay medical benefits pursuant to an existing award; (2) that a 2003 agreement between the parties to increase Melanie Davis' weekly 24-hour...

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