From Casetext: Smarter Legal Research

County Bd. of Arlington v. Hunt

Court of Appeals of Virginia. Alexandria
Jun 15, 1993
Record No. 1698-92-4 (Va. Ct. App. Jun. 15, 1993)

Opinion

Record No. 1698-92-4

June 15, 1993

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.

Richard R. Rhodes (Charles G. Flinn, County Attorney, on briefs), for appellant.

Peter M. Sweeny (Peter M. Sweeny Associates, P.C., on brief), for appellee.

Present: Chief Judge Moon, Judges Coleman and Willis.

On May 1, 1993, Judge Moon succeeded Judge Koontz as chief judge.

Argued at Alexandria, Virginia.


MEMORANDUM OPINION

Pursuant to Code § 17-116.010 this opinion is not designated for publication.


We reverse the award of the commission because it was error for the commission to refuse to admit evidence that was relevant to claimant's disability and that developed after the initial April 2, 1990 hearing.

In a prior appeal, we reversed and vacated the award of January 9, 1991, for "further proceedings which will fully develop the record regarding the claimant's disability, if any." On remand, the Deputy Commissioner allowed the deposition of the independent doctor, but refused to consider the employer's evidence that was developed after the initial April 2, 1990, hearing.

It appearing that the commission misinterpreted the import of our order of September 30, 1991, we vacate the award and remand the claim to the commission for rehearing without limitation on either party to submit any evidence relevant to the employee's application of November 30, 1989.

Vacated and remanded.


Summaries of

County Bd. of Arlington v. Hunt

Court of Appeals of Virginia. Alexandria
Jun 15, 1993
Record No. 1698-92-4 (Va. Ct. App. Jun. 15, 1993)
Case details for

County Bd. of Arlington v. Hunt

Case Details

Full title:COUNTY BOARD OF ARLINGTON COUNTY v. PATRICK HUNT

Court:Court of Appeals of Virginia. Alexandria

Date published: Jun 15, 1993

Citations

Record No. 1698-92-4 (Va. Ct. App. Jun. 15, 1993)