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JONES v. GWALTNEY OF SMITHFIELD, LTD.

Record No. 2474-08-1.

675 S.E.2d 220 (2009)

53 Va. App. 760

Payton JONES, Jr. v. GWALTNEY OF SMITHFIELD, LTD. and Ace American Insurance Company.

Court of Appeals of Virginia, Chesapeake.

April 21, 2009.

Attorney(s) appearing for the Case

Charlene A. Morring (Montagna Klein Camden, L.L.P., on briefs), for appellant.

William W. Nexsen (Jeffrey P. Partington; Stackhouse, Nexsen & Turrietta, PLLC, on brief), Norfolk, for appellees.

Present: ELDER, FRANK and HALEY, JJ.

ROBERT P. FRANK, Judge.

Payton Jones, Jr., claimant, appeals a decision of the Virginia Workers' Compensation Commission denying his claim for benefits against Gwaltney of Smithfield, Ltd. and Ace American Insurance Company (collectively "employer"). Claimant contends the commission erred in concluding that the statute of limitations, as codified in Code § 65.2-601, barred his claim. We find the commission erred when it applied an incorrect standard in determining...

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