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ROSKE v. CULBERTSON COMPANY

Record No. 0060-13-4.

749 S.E.2d 550 (2013)

62 Va. App. 512

Marlin ROSKE v. CULBERTSON COMPANY and Virginia Surety Company, Inc.

Court of Appeals of Virginia.

November 12, 2013.

Attorney(s) appearing for the Case

James E. Swiger (The Law Office of James E. Swiger, Centreville, on briefs), for appellant.

Dennis Boyd Cook (Franklin & Prokopik, Herndon, on brief) for appellees.

Present: FRANK, PETTY, JJ. and HALEY, Senior Judge.

PETTY, Judge.

Marlin Roske appeals from an order of the Workers' Compensation Commission affirming the deputy commissioner's denial of Roske's change-in-condition claim. The full commission concluded that Culbertson Company, the employer, Virginia Surety Company, Inc., its insurer, and Firstcomp Underwriting Group, the claim administrator, (collectively referred to as "employer") did not waive the time limitation prescribed in Code § 65.2-708 and that there was...

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