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AM LINER EAST, INC. v. OSBURN

Record No. 1639-05-2.

627 S.E.2d 516 (2006)

47 Va. App. 724

AM LINER EAST, INC. and Norguard Insurance Company v. David T. OSBURN.

Court of Appeals of Virginia, Richmond.

March 21, 2006.

Attorney(s) appearing for the Case

William S. Sands, Jr. (John C. Duncan, III; Duncan and Hopkins, P.C., on briefs), Alexandria, for appellants.

Gerald G. Lutkenhaus, Richmond, for appellee.

Present: FITZPATRICK, C.J., McCLANAHAN, J. and WILLIS, S.J.

WILLIS, Judge.

AM Liner East, Inc. and its insurer (hereinafter referred to as "the employer") filed an application seeking to terminate David T. Osburn's temporary total disability (TTD) benefits and suspension of those benefits pending decision on the application. The commission rejected the employer's application, holding that it failed to provide probable cause to believe it meritorious. The employer appeals. Because we find that the commission abused its discretion...

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