Hawks v. Henrico County School Board

Opinion

BENTON, J.

We are asked to consider whether the Industrial Commission erred in finding that a March 23, 1984 treating physician’s letter to Curtis E. Hawks contained a positive diagnosis of occupational disease and in concluding that Hawks’ failure to file until January 12, 1987, bars his claim under Code § 65.1-52. We conclude that the commission’s finding that Hawks received a first communication of an occupational disease on March 23, 1984, is supported by credible evidence, and we affirm the decision of the commission.

On March 16, 1984, Hawks visited Dr. Scott Radow with complaints…