Jose Ismael Granados v. Commonwealth of Virginia

• Court: Court of Appeals of Virginia
• Decided: December 30, 1997
• Docket: 0892964
• Status: Published

Opinion

Tuesday 30th

December, 1997.

Jose Ismael Granados, Appellant,

against Record No. 0892-96-4 Claim No. 173-48-84

Windson Development Corporation/ Windson Carpenters, Inc. and American Fire and Casualty Insurance Company, Appellees.

Upon a Rehearing En Banc

Before Chief Judge Fitzpatrick,* Judges Baker, Benton, Coleman, Willis, Elder, Annunziata and Overton

Arturo Hernandez for appellant.

Dawn E. Boyce (Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., on brief), for appellees.

This cause was reviewed on rehearing en banc, and upon

consideration of the arguments of counsel and the entire record in

this case, the judgment of the Workers' Compensation Commission

rendered on April 4, 1996 is affirmed without opinion by an equally

divided court. Accordingly, the opinion previously rendered by a

panel of this Court on January 28, 1997 is withdrawn, see Granados v. Windson Development Corporation, 24 Va. App. 80, 480 S.E.2d 150

(1997), and the mandate entered that date is vacated. The appellant

shall pay to the appellees thirty dollars damages.

This order shall be published and certified to the Virginia

Workers' Compensation Commission. ____________________

*On November 19, 1997, Judge Fitzpatrick succeeded Judge Moon as chief judge.

A Copy,

Teste:

Cynthia L. McCoy, Clerk

By:

Deputy Clerk