Legal Opinion
Tomes v. James City (County Of) Fire
Court of Appeals of Virginia
Decided December 17, 2002No. 2450014PublishedCited by 55 opinions
1Opinion of the Court
JEAN HARRISON CLEMENTS, Judge.
Melvin H. Tomes, Jr., (claimant) appeals a decision of the Workers’ Compensation Commission (commission) denying his October 7,1997 and June 7, 2000 and claims for benefits under Code § 65.2-402(A). The commission ruled both claims were for the same lung condition, which claimant, because he was not entitled to the benefit of the presumption in Code § 65.2-402, failed to prove was a compensable occupational disease. We hold the commission did not err in denying claimant’s October 7, 1997 claim but did err in denying his June 7, 2000 claim. Accordingly, we affirm…
2Cases cited11 opinions
- R. G. Moore Building Corp. v. MullinsCourt of Appeals of Virginia · 1990
- Rusty's Welding Service, Inc. v. GibsonCourt of Appeals of Virginia · 1999
- City of Norfolk v. LillardCourt of Appeals of Virginia · 1992
- Peacock v. Browning Ferris, Inc.Court of Appeals of Virginia · 2002
- Parris v. Appalachian Power Co.Court of Appeals of Virginia · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Clinchfield Coal Co. v. ReedCourt of Appeals of Virginia · 2003
- Central Virginia Obstetrics & Gynecology Associates, P.C. v. WhitfieldCourt of Appeals of Virginia · 2004
- Artis v. Ottenberg's Bakers, Inc.Court of Appeals of Virginia · 2005
- Tuck v. Goodyear Tire & Rubber Co.Court of Appeals of Virginia · 2005
- Pruden v. Plasser American Corp.Court of Appeals of Virginia · 2005
50 more not listed; retrieve them via the Exa API.