Legal Opinion

Wainwright v. Newport News Shipbuilding & Dry Dock Co.

Court of Appeals of Virginia

Decided September 25, 2007No. 1129061PublishedCited by 7 opinions

1Opinion of the Court

CLEMENTS, Judge.

Robert B. Wainwright (claimant) appeals a decision of the Workers’ Compensation Commission (commission) denying his claim for temporary disability benefits. Claimant contends the commission erred in finding he abandoned his claim and in concluding the two-year statute of limitations contained in Code § 65.2-601 barred his claim. We agree with claimant and, therefore, reverse the commission’s judgment and remand this matter to the commission for further proceedings.

I. BACKGROUND

The relevant facts and procedural posture of this case are not in dispute. While working for Newport…

2Cases cited13 opinions

  1. R. G. Moore Building Corp. v. MullinsCourt of Appeals of Virginia · 1990
  2. James v. Capitol Steel Construction Co.Court of Appeals of Virginia · 1989
  3. Morris v. Badger Powhatan/Figgie International, Inc.Court of Appeals of Virginia · 1986
  4. Wright v. CastlesSupreme Court of Virginia · 1986
  5. Metro MacHine Corp. v. LambCourt of Appeals of Virginia · 2000

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3Cited by7 opinions

  1. Starbucks Coffee Company and American Zurich Insurance Company v. Kristin ShyCourt of Appeals of Virginia · 2012
  2. Marlin Roske v. Culbertson Company and Virginia Surety Company, Inc.Court of Appeals of Virginia · 2013
  3. Daniel Johnston v. ECHL Personnel Management of New Jersey and Great Divide Insurance CompanyCourt of Appeals of Virginia · 2020
  4. Jupiter D. Wilson v. City of ChesapeakeCourt of Appeals of Virginia · 2019
  5. Lolita Renee Howard v. Cost Plus World Market and Federal Insurance CompanyCourt of Appeals of Virginia · 2011

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