Roscoe Chitwood v. E.I. Du Pont De Nemours

COLEMAN, Judge.

In this workers’ compensation appeal, we determine whether the commission correctly allowed an employer credit for payments made for stage one asbestosis against an award for stage two asbestosis under Code § 65.2-503(B)(17)(b). For the following reasons, we find that the commission did not err; accordingly, we affirm.

BACKGROUND

In 1996, the Workers’ Compensation Commission found that Roscoe Chitwood suffered from second-stage ■ asbestosis, a type of pneumoconiosis, and awarded him one hundred weeks of permanent, partial compensation benefits. After paying fifty weeks of…