Dan River, Inc. v. Adkins

Opinion

KEENAN, J.

Dan River, Inc. appeals from a decision of the Industrial Commission finding that Anne M. Adkins is permanently disabled by irreversible, third-stage byssinosis. Dan River contends: (1) that Adkins’ claim is time-barred; (2) that the Commission’s appointment of an independent expert under Code § 65.1-90 violated the Commission’s own rules and deprived Dan River of due process; and (3) that no credible evidence supports the finding of byssinosis. We hold that Adkins’ claim is time-barred and reverse the Commission’s decision.

I

Adkins worked in Dan River’s textile manufacturing…