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KAVANAUGH EX REL. KAVANAUGH v. VIRGINIA BIRTH-RELATED

Record No. 2461-11-4.

728 S.E.2d 527 (2012)

60 Va. App. 440

John P. KAVANAUGH, Jr., an infant, by and through his parents and next friends, Julie D. KAVANAUGH and John P. Kavanaugh, Sr. v. VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PROGRAM.

Court of Appeals of Virginia, Richmond.

July 24, 2012.

Attorney(s) appearing for the Case

Ann LaCroix Jones , Fairfax ( Donna Miller Rostant ; Jones & Rostant, PC, on briefs), for appellant.

Wesley G. Russell, Jr. , Deputy Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Carla R. Collins , Assistant Attorney General; Farnaz Farkish , Assistant Attorney General, on brief), for appellee.

Present: FELTON, C.J., and FRANK and KELSEY, JJ.

D. ARTHUR KELSEY, Judge.

In this case, the Virginia Workers' Compensation Commission enforced a reimbursement guideline issued by the Virginia Birth-Related Neurological Injury Compensation Program and denied a request by the claimants for reimbursement of covered expenses. We reverse, finding the Program's guideline cannot be justified under the Virginia Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000 et seq.

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