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DOMINION COAL CORP. v. BOWMAN

Record No. 0628-08-3.

672 S.E.2d 122 (2009)

53 Va. App. 367

DOMINION COAL CORPORATION and Jewell Resources Corporation & Subsidiaries v. Shane E. BOWMAN.

Court of Appeals of Virginia, Salem.

February 10, 2009.

Attorney(s) appearing for the Case

S.T. Mullins (Street Law Firm, LLP, on briefs), Grundy, for appellants.

Kerry S. Hay (Lee & Phipps, P.C., on brief), Clintwood, for appellee.

Present: FELTON, C.J., and McCLANAHAN, J., and COLEMAN, Senior Judge.

ELIZABETH A. McCLANAHAN, Judge.

Dominion Coal Corporation and its insurer (collectively "Dominion") appeal a decision of the Workers' Compensation Commission awarding benefits to claimant, Shane E. Bowman. Dominion argues the commission erred in rejecting its willful misconduct defense. For the following reasons, we affirm the decision of the commission.

BACKGROUND

Bowman, an employee of Dominion, was injured at work when a roof-bolting machine fell...

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