Audobon Tree Service v. Childress

Opinion

KEENAN, J.

Audobon Tree Service appeals from an Industrial Commission decision assessing a twenty percent late payment penalty, pursuant to Code § 65.1-75.1, for alleged late payment of benefits to Eric L. Childress. The award of benefits was based on a supplemental memorandum of agreement submitted by the parties. The issue presented on appeal is whether the penalty should have been assessed. While we agree with the Commission’s decision that the penalty should have been assessed, we reach this conclusion for different reasons.

On August 29, 1983, Childress sustained frostbite in his…