Opinion
Record No. 981011
February 26, 1999
Present: All the Justices.
In an appeal challenging award of lifetime benefits to a sufferer of third-stage pneumoconiosis, and refusing to prorate any portion of the obligation of the Uninsured Employer's Fund to the Virginia Property and Casualty Insurance Guaranty Association, the decision in Uninsured Employer's Fund v. Mounts, 255 Va. 254, 497 S.E.2d 464 (1998) is not disturbed, and the present appeal is affirmed for the reasons assigned by the Court of Appeals in Uninsured Employer's Fund v. Flanary, 27 Va. App. 201, 497 S.E.2d 912 (1998).
Appeal from the judgment of the Court of Appeals of Virginia.
Affirmed.
John J. Beall, Jr., Senior Assistant Attorney General (Mark L. Earley, Attorney General; James W. Osborne, Assistant Attorney General, on brief), for appellant.
Michael F. Blair (Penn, Stuart Eskridge, on brief), for appellee Virginia Insurance Guaranty Fund.
No brief or argument on behalf of appellees Alfred L. Flanary and Moose Coal Company.
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 inUninsured 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.