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SPICER EX REL. SPICER v. BIRTH RELATED

Record No. 2484-05-4.

633 S.E.2d 732 (2006)

48 Va. App. 613

Jordyn SPICER, Infant by and through Gary and Angela SPICER, Parents v. VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PROGRAM.

Court of Appeals of Virginia, Richmond.

August 22, 2006.

Attorney(s) appearing for the Case

Ann LaCroix Jones (Donna Miller Rostant; Jones & Rostant, P.C., on brief), Fairfax, for appellant.

Thomas E. Kegley, Assistant Attorney General (Robert F. McDonnell, Attorney General; Francis S. Ferguson, Deputy Attorney General, on brief), for appellee.

Present: FELTON, C.J., and KELSEY, J., and BUMGARDNER S.J.

KELSEY, Judge.

The parents of Jordyn Spicer appeal a decision of the Workers' Compensation Commission denying, as noncompensable as a matter of law, their supplemental petition for attorney fees under the Virginia Birth-Related Neurological Injury Compensation Act, Code § 38.2-5009(A)(3). They also object to the commission's denial of their request for an award of postjudgment interest on a prior award of fees in the same case. Agreeing with both assertions,...

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