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PROPHET v. BULLOCK CORP.

Record No. 0818-11-2.

718 S.E.2d 477 (2011)

59 Va. App. 313

Geraldine T. PROPHET, v. BULLOCK CORPORATION and Cincinnati Casualty Company.

Court of Appeals of Virginia, Richmond.

December 20, 2011.

Attorney(s) appearing for the Case

Jean M. McKeen ( Peter M. Sweeny ; Tomlin & McKeen, PLLC, Chester, on brief), for appellant.

Robert M. Himmel ( Christopher M. Kite ; Lucas & Kite, PLC, Roanoke, on brief), for appellees.

Amicus Curiae: Virginia Trial Lawyers Association ( Louis D. Snesil ; Marks & Harrison, Richmond, on brief), for appellant.

Present: Judges PETTY, McCULLOUGH and Senior Judge BUMGARDNER.

McCULLOUGH, Judge.

At issue in this appeal is whether the Workers' Compensation Commission ("the commission") erred in concluding that a claim for medical benefits, specifically, a prescription for a drug used to treat weight loss caused by another drug, is time-barred under Code § 65.2-708(A). We conclude that the time bar found in Code § 65.2-708(A) does not apply to appellant's claim for medical benefits. Therefore, we reverse the decision of the commission...

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