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NEWTON v. FAIRFAX COUNTY POLICE DEPT.

Record No. 991124.

529 S.E.2d 794 (2000)

Robert Russell NEWTON (Deceased), et al. v. FAIRFAX COUNTY POLICE DEPARTMENT/FAIRFAX COUNTY BOARD OF SUPERVISORS.

Supreme Court of Virginia.

April 21, 2000.

Attorney(s) appearing for the Case

Michael A. Kernbach (Jack T. Burgess & Associates, P.C., on briefs), Fairfax, for appellants.

Ann Gouldin Killalea, Assistant County Attorney (David P. Bobzien, County Attorney; Robert Lyndon Howell, Deputy County Attorney, on brief), for appellee.

Amicus Curiae: Fraternal Order of Police, Virginia State Lodge (Malcolm Parks; Ruth E. Nathanson; Maloney, Huennekens, Parks, Gecker & Parsons, Richmond, on brief), in support of appellants.

PRESENT: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and STEPHENSON, Senior Justice.

STEPHENSON, Senior Justice.

In this appeal, we determine whether the Court of Appeals erred in holding that the statutory beneficiaries of a deceased claimant are not entitled to an award of indemnity benefits under the Virginia Workers' Compensation Act, Code § 65.2-100 et seq. (the Act).

I

On July 23, 1996, the statutory beneficiaries of Robert R. Newton (the Claimants) filed with the Workers' Compensation Commission (the Commission...

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