Whitten v. Mead Paperboard Products

Opinion

MOON, J.

Austin S. Whitten appeals a decision of the Industrial Commission which denied his petition to recover benefits that accrued more than ninety days before he filed a change in condition application. Whitten contends that Rule 13(B) of the Rules of the Industrial Commission, which the commission relied upon when it dismissed his petition, conflicts with Code § 65.1-99 which permits a filing of an application for a change in condition up to twenty-four months from the last day for which compensation was paid. We disagree and affirm.

Code § 65.1-18 provides: “The Commission may make…