McCARTHY ELEC. CO., INC. v. FOSTER

Record No. 2261-92-4.

437 S.E.2d 246 (1993)

McCARTHY ELECTRIC COMPANY, INC., et al. v. James E. FOSTER.

Court of Appeals of Virginia.

November 23, 1993.


Attorney(s) appearing for the Case

Robert C. Baker, Jr. (Mell and Brownell, on brief), for appellants.

Peter M. Sweeny (Peter M. Sweeny and Associates, on brief), for appellee.

Present: MOON, C.J., and ELDER and FITZPATRICK, JJ.


ELDER, Judge.

McCarthy Electric Company and Fidelity & Deposit Company of Maryland, hereinafter referred to collectively as "employer," appeal from the commission's determination that it lacked jurisdiction to hear employer's appeal of the commissioner's penalty order because employer's request for review was not timely filed. On appeal, the employer alleges that the commission erred in concluding that it had no jurisdiction because, although the request for review...

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