Legal Opinion · Dissent

Brown v. United Airlines, Inc.

Court of Appeals of Virginia

Decided January 30, 2001No. 0485004Published

1DissentAnnunziata, Judge

I respectfully dissent from the majority opinion for the following reasons. The majority holds that jurisdiction was retained in this case because the September 30, 1997 decision by the deputy commissioner was an interlocutory and not a final order, a position wholly inconsistent with case precedent and commission practice.

In this case, Brown filed a timely claim for permanent partial disability benefits on January 9, 1997. On April 22, 1997, Brown submitted an application for an evidentiary hearing on her claim, which was held on September 11,1997. The deputy commissioner heard the case on…

2Cases cited5 opinions

  1. Rusty's Welding Service, Inc. v. GibsonCourt of Appeals of Virginia · 1999
  2. Holly Farms Foods, Inc. v. CarterCourt of Appeals of Virginia · 1992
  3. Jewell Ridge Coal Corp. v. HendersonSupreme Court of Virginia · 1985
  4. McCarthy Elec. Co., Inc. v. FosterCourt of Appeals of Virginia · 1993
  5. Rusty's Welding Service, Inc. v. GibsonCourt of Appeals of Virginia · 1998

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