Legal Opinion · Concurrence

Boyd v. People, Inc.

Court of Appeals of Virginia

Decided May 18, 2004No. 1910033Published

1ConcurrenceKelsey, J.

In my opinion, the commission’s flexible interpretation of Rule 1.4(C) in this case cannot be persuasively reconciled with its earlier, inflexible interpretation announced in Rule v. Southside Reg. Med. Ctr., 74 O.W.C. 40, 42,1995 WL 1063835, at *1 (1995) (holding that the “employer must pay compensation either before or with the filing” and that payment “after filing is not permitted”), and Mullins v. T & J Trucking, 73 O.W.C. 56, 57, 1994 WL 1039789, at *1 (1994) (holding that “compensation must be paid to the employee through the filing date at the time of filing”).

That is not to say that the…

2Cases cited6 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
  3. United States v. DeatonCourt of Appeals for the Fourth Circuit · 2003
  4. Jones v. WillardSupreme Court of Virginia · 1983
  5. Specialty Auto Body v. CookCourt of Appeals of Virginia · 1992

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