Legal Opinion

Flavin v. J. C. Penney Co.

Court of Appeals of Virginia

Decided August 6, 1985No. 0126-84PublishedCited by 6 opinions

1Opinion of the Court

Opinion

BAKER, C.J.*

Carol Flavin (claimant) appeals from a decision of the Industrial Commission finding that she unjustifiably refused an offer of selective employment which was tendered to her by J.C. Penney Company, Inc., her employer. The opinion of the full Commission upheld the prior finding of a deputy commissioner.

The issues on appeal are (1) the refusal of the Commission to reopen the case to allow the introduction of after discovered evidence, (2) the sufficiency of the evidence, and (3) the refusal of the Commission to reopen the case because nine minutes of the record were missing.

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2Cases cited1 opinion

  1. Nicholson v. Clinchfield Coal Corp.Supreme Court of Virginia · 1930

3Cited by6 opinions

  1. Hungerford Mechanical Corp. v. HobsonCourt of Appeals of Virginia · 1991
  2. Richards v. CommonwealthSupreme Court of Virginia · 1908
  3. Dynalectric Co. v. EllisCourt of Appeals of Virginia · 1995
  4. Mitre Corp. v. Christina GourzisCourt of Appeals of Virginia · 1997
  5. Pitt Des Moines, Inc. v. Randy W. BusbeeCourt of Appeals of Virginia · 1999

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