Legal Opinion

Marlin Roske v. Culbertson Company and Virginia Surety Company, Inc.

Court of Appeals of Virginia

Decided November 12, 2013No. 0060134PublishedCited by 7 opinions

1Opinion of the Court

PETTY, Judge.

Marlin Roske appeals from an order of the Workers’ Compensation Commission affirming the deputy commissioner’s denial of Roske’s change-in-condition claim. The full commission concluded that Culbertson Company, the employer, Virgi nia Surety Company, Inc., its insurer, and Firstcomp Underwriting Group, the claim administrator, (collectively referred to as “employer”) did not waive the time limitation prescribed in Code § 65.2-708 and that there was no de facto award granted to Roske. On appeal, Roske assigns two errors to the commission’s decision. First, Roske argues that the…

2Cases cited19 opinions

  1. Employers Commercial Union Insurance Co. of America v. Great American InsuranceSupreme Court of Virginia · 1973
  2. Artis v. Ottenberg's Bakers, Inc.Court of Appeals of Virginia · 2005
  3. Georgia-Pacific Corp. v. RobinsonCourt of Appeals of Virginia · 2000
  4. Utica Mutual Insurance Co. v. National Indemnity Co.Supreme Court of Virginia · 1970
  5. National Linen Service v. McGuinnCourt of Appeals of Virginia · 1987

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3Cited by7 opinions

  1. County of Henrico and PMA Management Corporation, TPA v. Casie O'NeilCourt of Appeals of Virginia · 2022
  2. County of Henrico and PMA Management Corporation, TPA v. Casie O'NeilCourt of Appeals of Virginia · 2022
  3. James A. Wells, Jr. v. Goodyear Tire & Rubber Company and Liberty Mutual InsuranceCourt of Appeals of Virginia · 2013
  4. Lucinda Walker v. Virginia Department of Corrections—Greensville Correctional CenterCourt of Appeals of Virginia · 2024
  5. Medical Management Intl. and Travelers Indemnity Company of America v. Pamela JeffryCourt of Appeals of Virginia · 2022

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