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JENKINS v. WEBB

Record No. 1053-05-4.

624 S.E.2d 115 (2006)

47 Va. App. 404

William E. JENKINS v. Timothy Sterling WEBB.

Court of Appeals of Virginia, Alexandria.

January 10, 2006.

Attorney(s) appearing for the Case

John G. Berry (Berry & Early, on brief), Standardsville, for appellant.

Christopher Paul Schewe, Alexandria, for appellee.

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

LARRY G. ELDER, Judge.

William E. Jenkins, alleged to be the employer of Timothy Sterling Webb when Webb fell from a tree and injured his back and ribs, appeals1 from a decision of the Workers' Compensation Commission dismissing Webb's claim for benefits without, rather than with, prejudice. Jenkins contends that the commission abused its discretion by, in essence, nonsuiting Webb's claim

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