concurring.
I concur that Johnson’s appeal should not be dismissed for his failure to send a copy of the notice of appeal to opposing counsel in accordance with Rules 5A:11 and 5A:1(10). However, I join Judge Moon in the reasons which he assigns for refusing to bar Johnson’s appeal. In view of the inconsistency in the rules, which Judge Moon noted, and since no prejudice has been demonstrated, I too would not invoke the sanction of dismissal.
I join Chief Judge Koontz in holding that the evidence is insufficient to find that Johnson unjustifiably refused selective employment which disqualified him from receiving workers’ compensation benefits under Code § 65.1-63.