Musick v. Codell Construction Co.

Opinion

COLEMAN, J.

Comer Musick appeals from an Industrial Commission order which dismissed his claim for compensation for pneumoconiosis based on the failure to file a claim within the five-year limitation period of Code § 65.1-52. Musick contends that Code § 8.01-229(E)(1) tolled the running of the statute of limitations during the time period he had previously filed applications, thus making this application timely. We disagree and find that Musick’s claim is barred.

On October 10, 1985, Musick initially filed by certified mail an application for a hearing with the commission. That…