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WAVERLY LAW ENFORCEMENT v. OWNES

Record No. 1233-07-2.

657 S.E.2d 161 (2008)

51 Va. App. 277

TOWN OF WAVERLY LAW ENFORCEMENT and Virginia Municipal Group Self-Insurance Association v. Tommy James OWENS.

Court of Appeals of Virginia, Richmond.

February 19, 2008.

Attorney(s) appearing for the Case

Ralph L. Whitt, Jr. (Whitt & Del Bueno, on briefs), Glen Allen, for appellants.

Malcolm Parks (Maloney, Parks & Clarke, P.C., on brief), Richmond, for appellee.

Present KELSEY and PETTY, JJ., and BUMGARDNER, Senior Judge.

WILLIAM G. PETTY, Judge.

Appellants, Town of Waverly Law Enforcement and Virginia Municipal Group Self-Insurance Association (collectively, "employer"), appeal a decision of the Workers' Compensation Commission granting Owens benefits. Employer argues that the commission erroneously applied the presumption of occupational disease as provided in Code § 652-402(B). Based on the record before us, we determine that the...

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