Uninsured Employer's Fund v. Mounts

BENTON, Judge.

The Uninsured Employer’s Fund appeals from a ruling of the Workers’ Compensation Commission requiring the employer, Greasy Creek Coal Company, and the Fund to provide Harold C. Mounts disability benefits based on first stage pneumoconiosis. The Fund contends that because Greasy Creek was insured as required by Code § 65.2-801 when Mounts was last injuriously exposed to coal dust, the commission erred in ruling that the Fund was liable for Mounts’ disability. The Fund also contends that even if it is liable, Mounts is barred from making this claim because he received a diagnosis…