Legal Opinion · Dissent

Gordon v. Ford Motor Co.

Court of Appeals of Virginia

Decided December 15, 2009No. 0364081Published

1DissentHaley, J.

I respectfully dissent. I would hold Code § 65.2-708(0 provides only one extension of the statute of limitations contained in Code § 65.2-708(A) per compensable injury. Since the time provided by the statute of limitations, even with the extension contained in subsection C, expired before Gordon filed his claim, I would hold Gordon’s claim time-barred.

In relevant part, Code § 65.2-708 states:

A. Upon its own motion or upon the application of any party in interest, on the ground of a change in condition, the Commission may review any award and on such review may make an award ending,…

2Cases cited34 opinions

  1. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  2. Morris v. MorrisSupreme Court of Virginia · 1989
  3. Meeks v. Com.Supreme Court of Virginia · 2007
  4. Earley v. LandsidleSupreme Court of Virginia · 1999
  5. Jackson v. Fidelity and Deposit Co.Supreme Court of Virginia · 2005

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