City of Williamsburg v. Altizer

We granted this writ to consider whether the Industrial Commission erred in refusing to consider evidence of fraud or mistake, proffered with a petition to vacate a hearing commissioner’s award which was filed before the review was conducted.

On January 10, 1978, Jesse D. Altizer (the employee), a police officer employed by the City of Williamsburg, applied for medical benefits under Code § 65.1-47.1, part of the Workmen’s Compensation Act. Accompanied by counsel, the employee testified that his doctor had told him in October, 1976 that he was suffering with hypertension and cardiovascular…