LIBERTY MUT. INS. CORP. v. HERNDON

Nos. 0936-11-3, 0943-11-3, 0957-11-3.

721 S.E.2d 32 (2012)

59 Va. App. 544

LIBERTY MUTUAL INSURANCE CORPORATION v. Gary HERNDON Carey Addison Construction Company, Inc. and Nationwide Mutual Fire Insurance Company v. Gary Herndon Sherry Clark Home Improvement v. Gary Herndon.

Court of Appeals of Virginia.

February 7, 2012.


Attorney(s) appearing for the Case

Brian J. Rife (Midkiff, Muncie & Ross, P.C., Bristol, on brief), for Liberty Mutual Insurance Corporation.

Thomas H. Miller ( Roberta A. Paluck ; Frankl Miller & Webb, LLP, on brief), for Carey Addison Construction Company, Inc. and Nationwide Mutual Fire Insurance Company.

John C. Johnson ( Wade Anderson ; Jonas A. Callis ; Frith Anderson & Peake, P.C., Roanoke, on brief), for Sherry Clark Home Improvement.

K. Jeff Luethke for Gary Herndon.

Amicus Curiae: Brian J. Rife (Midkiff, Muncie & Ross, P.C., Bristol, on brief), for Liberty Mutual Insurance Corporation in Record No. 0943-11-3.

Present: Judges HUMPHREYS, PETTY and HUFF Argued at Salem, Virginia.


ROBERT J. HUMPHREYS, Judge.

Carey Addison Construction Company, Inc. ("CAC") and Nationwide Mutual Fire Insurance Company ("Nationwide"), Sherry Clark Home Improvement ("SCHI"), and Liberty Mutual Insurance Corporation ("Liberty Mutual") have each appealed the decision of the Workers' Compensation Commission ("commission") to award Gary Herndon ("claimant") benefits stemming from his August 11, 2008 accident.1 On appeal, CAC and Nationwide...

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