Legal Opinion

Hervey v. Newport News Shipbuilding & Dry Dock Co.

Court of Appeals of Virginia

Decided March 19, 1991No. Record No. 1100-89-4PublishedCited by 6 opinions

1Opinion of the Court

Opinion

KOONTZ, C.J.

Stephen Hervey appeals a decision of the Industrial Commission dismissing his application for workers’ compensation benefits on the ground that his claim was barred by the two year statute of limitations for filing claims under Code § 65.1-87. Inherent in that decision was the commission’s finding that the statute of limitations was not tolled under Code § 65.1-87.1. Hervey contends the statute of limitations was tolled by certain payments to him from Newport News Shipbuilding & Dry Dock Company (Company) and regardless, the Company should be es-topped from relying on the…

2Cases cited2 opinions

  1. Stuart Circle Hospital v. AldersonSupreme Court of Virginia · 1982
  2. Bowden v. Newport News Shipbuilding & Dry Dock Co.Court of Appeals of Virginia · 1991

3Cited by6 opinions

  1. Virginia Polytechnic Institute & State University/Commonwealth of Virginia v. Julio Emilio PosadaCourt of Appeals of Virginia · 2005
  2. Bristol Newspapers, Inc. v. ShafferCourt of Appeals of Virginia · 1993
  3. Hall v. Winn-Dixie Stores, Inc.Court of Appeals of Virginia · 2003
  4. Carlos Andres Arias v. United Masonry of Virginia, Inc.Court of Appeals of Virginia · 2004
  5. Catherine M. Jackson v. J. Sargeant Reynolds/CWCourt of Appeals of Virginia · 2000

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