Westmoreland Coal Co. v. Coffey

Opinion

BARROW, J.

In this appeal from the Industrial Commission, the employer contends that the commission erred in not finding the employee’s claim for compensation barred because of his failure to give notice of his accident as required by Code § 65.1-85. We hold that credible evidence supports the commission’s finding that the employee had a reasonable excuse for not giving notice as required by the statute .and that the employer has not been prejudiced by the failure to give notice.

On February 22, 1990, the employee, James Coffey, attempted to lift a mining belt while at work. Upon doing…