THE UNINSURED EMPLOYER’S FUND
FLANARY, et al.
February 26, 1999
Record No. 981011
THE UNINSURED EMPLOYERS FUND
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
Employers 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
Employers Fund v. Flanary, 27 Va. App. 201, 497 S.E.2d
In seeking reversal of the Court of
Appeals judgment, the appellant asks that this Court
overrule its decision in Uninsured Employers 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