Anderson v. Clinchfield Coal Co.

The question presented on this appeal is whether the Industrial Commission erred in holding that Frank Anderson’s claim against Clinchfield Coal Company (Clinchfield) for workmen’s compensation benefits was barred by Code § 65.1-52 1 by reason of his failure to timely file an application for a hearing with the Commission.

The evidence shows that on October 22, 1966, Anderson obtained a diagnosis from his family physician, Dr. Panos G. Gregoriou, revealing that he had occupational pneumoconiosis. Clinchfield, his employer, was promptly notified of the diagnosis. After subsequent examinations by…