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THE UNINSURED EMPLOYER'S FUND v. FLANARY, et al. (59830)


THE UNINSURED EMPLOYER’S FUND

v.

FLANARY, et al.


February 26, 1999
Record No. 981011

THE UNINSURED EMPLOYER’S FUND

v.

ALFRED L. FLANARY, ET AL.

FROM THE COURT OF APPEALS OF VIRGINIA
Present: All the Justices
OPINION PER CURIAM


We awarded this appeal to determine whether the
Court of Appeals erred in affirming a ruling of the Workers’
Compensation Commission which required the Uninsured
Employer’s Fund to pay an award of lifetime benefits to
Alfred L. Flanary, a former employee of Moose Coal Company who
suffered from third-stage coal workers’ pneumoconiosis. Uninsured
Employer’s Fund v. Flanary
, 27 Va. App. 201, 497 S.E.2d
912 (1998).

In seeking reversal of the Court of
Appeals’ judgment, the appellant asks that this Court
overrule its decision in Uninsured Employer’s Fund v.
Mounts
, 255 Va. 254, 497 S.E.2d 464 (1998). We decline that
request, and, for the reasons assigned in the opinion of the
Court of Appeals in the present case, we will affirm the judgment
entered below.

Affirmed.

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