Present: All the Justices
THE UNINSURED EMPLOYER’S FUND
v. Record No. 981011 PER CURIAM
February 26, 1999
ALFRED L. FLANARY, ET AL.
FROM THE COURT OF APPEALS OF VIRGINIA
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.