Opinion
Record No. 2664-00-4. Claim No. 196-57-09.
October 23, 2001.
Upon a Rehearing En Banc.
Amy L. Epstein (Law Offices of Roger S. Mackey, on brief), for appellants.
Andrew S. Kasmer, for appellee.
Before Chief Judge Fitzpatrick, Judges Benton, Elder, Bray, Annunziata, Bumgardner, Frank, Humphreys, Clements and Agee
By unpublished opinion, a divided panel of this Court reversed the decision of the Workers' Compensation Commission. STG, Inc. v. Tooks, No. 2664-00-4 (Va.Ct.App. June 12, 2001). We stayed the mandate of that decision and granted rehearing en banc.
Upon a rehearing en banc, the stay of the June 12, 2001 mandate is lifted, and the order of the commission is reversed in accordance with the majority panel opinion.
Chief Judge Fitzpatrick, Judges Benton, Elder and Annunziata dissent for the reasons set forth in the panel dissent.
This order shall be certified to the Virginia Workers' Compensation Commission.