Opinion
Record No. 0948-08-4.
February 24, 2009.
Appeal from the Virginia Workers' Compensation Commission.
John H. Carstens (Jimese Pendergraft Sherrill; Michelle L. Diamantes; Jordan Coyne Savits, L.L.P., on briefs), for appellants.
James E. Swiger (Swiger Cay, on brief), for appellee.
Present: Judges Kelsey, Beales and Senior Judge Clements.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Circharo Acquisition Corporation appeals a decision of the Workers' Compensation Commission awarding loss-wage benefits to Beulah Kay Sadler. Among other grounds, Circharo argues the commission was improperly constituted to make a decision in this case. This issue was recently decided in Circharo's favor in Hitt Construction v. Pratt, 53 Va. App. ___, 670 S.E.2d ___ (Feb. 17, 2009). Under the interpanel accord doctrine, the "decision of one panel 'becomes a predicate for application of the doctrine of stare decisis' and cannot be overruled except by the Court of Appeals sitting en banc or by the Virginia Supreme Court." Clinchfield Coal Co. v. Reed, 40 Va. App. 69, 73, 577 S.E.2d 538, 540 (2003) (citation omitted); see also Congdon v. Congdon, 40 Va. App. 255, 265, 578 S.E.2d 833, 838 (2003).
Pursuant to Hitt Construction, we reverse the commission's decision and remand for reconsideration.
Reversed and remanded.