COUNTY BD. OF ARLINGTON v. HUNT, 1698-92-4, Unpublished (Va.App. 6-15-1993)

COUNTY BOARD OF ARLINGTON COUNTY v. PATRICK HUNT

Record No. 1698-92-4Court of Appeals of Virginia. Alexandria.
June 15, 1993

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

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.

Argued at Alexandria, Virginia.

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

MEMORANDUM OPINION[**]

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

PER CURIAM

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

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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.

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