Legal Opinion
Weston v. B. J. Church Construction Co.
Court of Appeals of Virginia
Decided December 27, 1989No. Record No. 1319-88-2PublishedCited by 5 opinions
1Opinion of the Court
Opinion
COLEMAN, J.
The claimant, Paul Weston, appeals the Industrial Commission’s refusal to impose a penalty against the employer and its insurer under Code § 65.1-75.1 for late payment of compensation benefits. The commission ruled that, because its order approving a compromise settlement between the parties did not contain a date certain on which payment was due, Code § 65.1-75.1 did not apply. We find that the order did contain a date certain on which payment was due and, therefore, the penalty provisions necessarily apply. While penalty statutes are to be narrowly construed in favor of…
2Cases cited4 opinions
- Brantley v. ADH Building Contractors, Inc.Supreme Court of Florida · 1968
- Audobon Tree Service v. ChildressCourt of Appeals of Virginia · 1986
- Harmon v. Mid-South General Contractors, Inc.Louisiana Court of Appeal · 1969
- Koppers Co. v. BrockenboroughSupreme Court of Virginia · 1983
3Cited by5 opinions
- McCarthy Elec. Co., Inc. v. FosterCourt of Appeals of Virginia · 1993
- Hard Rock Café v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2006
- Roman v. Ondeo Degremont, Inc.Court of Appeals of Virginia · 2006
- Nationwide Mutual Insurance Company v. The Estate of Phillip HarrisonCourt of Appeals of Virginia · 2014
- Abu Jalloh v. S. W. Rodgers and Arch Insurance CompanyCourt of Appeals of Virginia · 2023