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S & S ELEC., INC. v. MARKULIK

Record No. 1556-12-4.

738 S.E.2d 512 (2013)

61 Va. App. 515

S & S ELECTRIC, INC. and Hartford Casualty Insurance Company v. Michael MARKULIK and Central Mutual Insurance Company.

Court of Appeals of Virginia, Alexandria.

March 12, 2013.

Attorney(s) appearing for the Case

Richard L. Butler (Law Office of Jonathan P. Jester, on briefs), for appellants.

Andrew S. Kasmer for appellee Michael Markulik.

Jessica A. Gorman (Kalbaugh Pfund & Messersmith, on brief), Fairfax, for appellee Central Mutual Insurance Company.

Present: BEALES and ALSTON, JJ., and WILLIS, S.J.

BEALES, Judge.

In this coverage dispute between two insurance carriers,1 the Workers' Compensation Commission (the commission) addressed the following issue: "to which claim we should assign the payment of benefits where the claimant is totally disabled as a result of two separate conditions, both of which involve the same employer and both of which independently are compensable." The commission found that Hartford Casualty Insurance Company...

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