Uninsured Employer's Fund v. Flanary

BENTON, Judge.

The' Uninsured Employer’s Fund appeals from a ruling of the Workers’ Compensation Commission requiring the Fund and Moose Coal Company to pay an award of lifetime benefits to Albert L. Flanary, a former employee of Moose Coal. The Fund contends the commission erred in failing to apportion the award between the Fund and the Virginia Property and Casualty Insurance Guaranty Association, which was statutorily obligated to pay the “covered claims” of one of Moose Coal’s insolvent insurers. The Fund also contends that because Moose Coal was insured when Flanary was first awarded…