Legal Opinion

AM Liner East, Inc. v. Osburn

Court of Appeals of Virginia

Decided March 21, 2006No. Record No. 1639-05-2Published

1Opinion of the Court

WILLIS, Judge.

AM Liner East, Inc. and its insurer (hereinafter referred to as “the employer”) filed an application seeking to terminate David T. Osbum’s temporary total disability (TTD) benefits and suspension of those benefits pending decision on the application. The commission rejected the employer’s application, holding that it failed to provide probable cause to believe it meritorious. The employer appeals. Because we find that the commission abused its discretion in rejecting the employer’s application, we reverse the commission’s decision and remand this case for referral to its hearing…

2Cases cited4 opinions

  1. Giant of Virginia, Inc. v. PiggSupreme Court of Virginia · 1967
  2. Classic Floors, Inc. v. GuyCourt of Appeals of Virginia · 1989
  3. Circuit City Stores, Inc. v. ScoteceCourt of Appeals of Virginia · 1998
  4. Gallahan v. FREE LANCE STAR PUBLISHING COMPANYCourt of Appeals of Virginia · 2003

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