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VAUGHAN'S LANDSCAPING & MAINENANCE, et al. v. DODSON (55853)



NOTICE: The opinions posted here are
subject to formal revision. If you find a typographical error or
other formal error, please notify the Virginia Court of Appeals.


VAUGHAN’S LANDSCAPING
& MAINENANCE, et al.

v.

DODSON


Record No. 1667-98-4

Claim No. 183-34-74

June 20, 2000.

Vaughan’s Landscaping & Maintenance and
Virginia Farm Bureau Fire & Casualty Insurance Company,

Appellants,

v.

Timothy Jason Dodson,

Appellee.

Upon a Rehearing En Banc

Before Chief Judge Fitzpatrick, Judges Benton,
Coleman, Elder, Bray, Annunziata, Bumgardner and Senior Judge
Overton

Kevin M. Rose (Wharton, Aldhizer & Weaver,
P.L.C., on brief), for appellants.

Jerry O. Talton for appellee.


On June 29, 1999, a panel of this Court
reversed the decision of the Workers’ Compensation Commission
awarding benefits to Timothy Jason Dodson. See Vaughan’s
Landscaping & Maintenance v. Dodson
, 30 Va. App. 135, 515
S.E.2d 800 (1999). We stayed the mandate of that decision and
granted a rehearing en banc, which was heard on
March 30, 2000.

Upon rehearing en banc, the judgment of
the commission is affirmed without opinion by an evenly divided
Court. Accordingly, the opinion previously rendered by a panel of
this Court on June 29, 1999 is withdrawn, and the mandate
entered on that date is vacated.

Chief Judge Fitzpatrick, Judges Benton, Elder
and Annunziata voted to affirm the judgment of the commission.

Judges Coleman, Bray, Bumgardner and Overton
voted to reverse the judgment of the commission.

This order shall be published and certified to
the Virginia Workers’ Compensation Commission.

A Copy,

Teste: Clerk

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