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GORDON v. FORD MOTOR CO.

Record No. 0364-08-1.

685 S.E.2d 880 (2009)

55 Va. App. 363

John T. GORDON, Jr. v. FORD MOTOR COMPANY.

Court of Appeals of Virginia, Richmond.

December 15, 2009.

Attorney(s) appearing for the Case

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

Barry Dorans (Samuel W. Meekins; Wolcott, Rivers, Gates, P.C., on brief), Virginia Beach, for appellee.

Present FELTON, C.J., and ELDER, FRANK, HUMPHREYS, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.

UPON A REHEARING EN BANC

ELIZABETH A. McCLANAHAN, Judge.

John T. Gordon, Jr. appeals the Workers' Compensation Commission's rejection of his change-in-condition application for benefits as time barred under the Code § 65.2-708(A) two-year statute of limitations. Gordon argues the commission erred in ruling that the tolling provision in subsection C of this statute "extends only once during the life of a workers' compensation case," and thus did not...

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