Brushy Ridge Coal Co., Inc. v. Blevins

Opinion

COLE, J.

— The carrier, Rockwood Insurance Company, appeals a decision of the Industrial Commission holding that Code § 65.1-100.3 is substantive in nature with no retroactive application and refusing to allow the carrier credit for compensation payments made to the claimant, Danny L. Blevins, from July 1, 1985, the effective date of Code § 65.1-100.3, to October 3, 1986. On appeal the carrier raises two issues: (1) whether the full commission on review can consider an issue that was neither raised at the hearing before the deputy commissioner nor reviewed before the commission; and (2)…