Burns v. C.W. Wright Construction Co.

Opinion

MOON, J.

We are asked to decide whether Jerry Melvin Burns’ appeal from a decision of the Industrial Commission must be dismissed because he failed to file the appeal bond required by Code § 8.01-676.1 and Rule 5A:17. We hold that the appeal must be dismissed.

Code § 8.01-676.1(A) provides: “A party filing a notice of an appeal of right to the Court of Appeals shall simultaneously file an appeal bond in the penalty of $500.” The bond must be filed with the clerk of the Industrial Commission or the clerk of the Circuit Court, whichever is applicable. Code § 8.01-676.1(1).

Prior to October…