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HERRERA EX REL. VARELA v. MARTIN

Record No. 1878-06-2.

642 S.E.2d 309 (2007)

49 Va. App. 469

Servando De La Rosa HERRERA by Francisca VARELA v. E. Dale MARTIN, Virginia Agricultural Growers Association, Casualty Reciprocal Exchange, Jorge del Alamo/Del Al Associates, Inc. and Uninsured Employer's Fund.

Court of Appeals of Virginia, Richmond.

March 27, 2007.

Attorney(s) appearing for the Case

Jamie L. Karek (Geoffrey R. McDonald & Associates, P.C., on brief), Richmond, for appellant.

S. Neil Stout (Steven T. Billy; Stout, Billy & Seli, Richmond, on brief), for appellees E. Dale Martin, Virginia Agricultural Growers Association and Casualty Reciprocal Exchange.

Richard H. Milnor (Zunka, Milnor, Carter & Inigo, Ltd., on brief), Charlottesville, for appellee Jorge del Alamo/Del Al Associates, Inc.

Christopher D. Eib, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), for appellee Uninsured Employer's Fund.

Present: HUMPHREYS and BEALES, JJ., and COLEMAN, S.J.

HUMPHREYS, Judge.

The statutory beneficiaries of Servando de la Rosa Herrera ("Herrera"), deceased, appeal the dismissal of their application for benefits by the Virginia Workers' Compensation Commission ("commission"). Herrera argues that the commission erred in finding that it lacked jurisdiction to adjudicate their claim for benefits. For the following reasons, we affirm.

BACKGROUND

On appeal, the findings of fact made by the commission are binding...

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