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TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA v. ELY

Record Nos. 1056-06-1, 1057-06-1.

645 S.E.2d 342 (2007)

49 Va. App. 807

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Appellant, v. Leslie C. ELY, Graycon, Inc., J.F. Schoch Building Corporation and Building Insurance Association, Inc., Appellees. Travelers Property Casualty Company of America, Appellant, v. Matthew L. Bailey, Willie M. Thomas Home Improvements and Uninsured Employer's Fund, Appellees.

Court of Appeals of Virginia.

June 5, 2007.

Attorney(s) appearing for the Case

Gerard E.W. Voyer (Audrey Marcello; Taylor & Walker, P.C., on brief), for appellant.

Andrew R. Blair (Blair Law Offices, on brief), for appellees J.F. Schoch Building Corporation, Building Insurance Association, Inc. and Uninsured Employer's Fund.

Lisa Frisina Clement (Kari Lou Frank; PennStuart, on brief), Richmond, for appellee Willie M. Thomas Home Improvement.

No brief or argument for appellees Leslie C. Ely, Graycon, Inc., or Matthew L. Bailey.

Before Chief Judge FELTON, Judges BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, HALEY, PETTY, and BEALES.

Upon a Rehearing En Banc

By opinion dated, a divided panel of this Court affirmed the decision of the Virginia Workers' Compensation Commission. Travelers Property Cas. Co. of Amer. v. Ely, 49 Va.App. 271, 640 S.E.2d 520 (2007). On March 13, 2007, we granted rehearing en banc, vacated the panel opinion, and stayed the mandate entered on that date. Upon rehearing en banc,<...

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