City of Waynesboro Sheriff's Department v. Harter

Opinion

HODGES, J.

This is an appeal from a decision of the Industrial Commission awarding compensation to Edgar G. Harter (claimant). The appellant, the City of Waynesboro Sheriff’s Department (the “City”), contends that the Commission erred in awarding compensation to the claimant for a second heart attack which he suffered. The controlling issue is whether claimant, who was entitled to the presumption of Code § 65.1-47.1, 1 was subject to the time limitation contained in Code § 65.1-99 2 when he suffered additional disability from the same occupational disease.

The claimant began his…