Allied Fibers & Plastics v. Cibula
Cases that cite this one
41 later published cases cite this decision. The 25 that cite it most often are listed here.
- Jerry Lee Gibbs v. Commonwealth of Virginia (Va. Ct. App. 2017)
- Alfred Lamar Diggs v. Commonwealth of Virginia (Va. Ct. App. 2015)
- Corporate Resource Management, Inc. v. Southers (Va. Ct. App. 2007)
- Darrell W Weikle v. The Southland Corporation, et a (Va. Ct. App. 2003)
- USAir, Inc. v. Joyce (Va. Ct. App. 1998)
- Vico Construction Corporation and Twin City Fire Insurance Company v. Michael E. Taylor (Va. Ct. App. 2013)
- Linda McIntyre v. DMHMRSAS Eastern State Hospital/Commonwealth of Virginia (Va. Ct. App. 2011)
- Williamson v. Virginia Employment Commission (Va. Ct. App. 2010)
- Sears Roebuck & Company v. William Larry Cruse (Va. Ct. App. 2010)
- NiSource, Inc. v. Thomas (Va. Ct. App. 2009)
- Miller v. Potomac Hospital Foundation (Va. Ct. App. 2007)
- James Melvin Ashby v. Ramar Coal Company, Inc. (Va. Ct. App. 2007)
- CORPORATE RESOURCE MANAGEMENT, INC. v. Southers (Va. Ct. App. 2007)
- Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company (Va. Ct. App. 2006)
- Strong v. Old Dominion Power Co. (Va. Ct. App. 2001)
- USAir, Inc. v. Robert S. Joyce (Va. Ct. App. 1999)
- Roscoe Chitwood v. E.I. Du Pont De Nemours (Va. Ct. App. 1999)
- Royster Clark, Inc. and Legion Ins. Co. v. Bays (Va. Ct. App. 1999)
- Jerry Gilbert Dodson v. Newport News Shipbuiling,et (Va. Ct. App. 1999)
- Wade Michael Sheldon v. Spirits Restaurant (Va. Ct. App. 1999)
- Uninsured Employer's Fund v. Rose L. Harper (Va. Ct. App. 1998)
- Kenbridge Const. Co. v. Charles E. Poole (Va. Ct. App. 1997)
- Gerald Albert Adkins v. Nabisco Biscuit (Va. Ct. App. 1997)
- W.C. Hall Gen Hauling Inc v. Edward B. Blaine (Va. Ct. App. 1997)
- Jones Chemical, Inc v. Jack Dempsy Parson (Va. Ct. App. 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In this case, the Industrial Commission of Virginia (now the Virginia Workers’ Compensation Commission) held that the employer, Allied Fibers & Plastics (Allied), was not equitably estopped from asserting the two-year statute of limitations prescribed by Code *338 § 65.1-87 (now Code § 65.2-601) and that the claim of the employee, Ernest J. Cibula, was time-barred. The Court of Appeals reversed, holding that “[t]he evidence in this record leads unerringly to the conclusion that Allied is estopped from invoking the statute of limitations.” Cibula v. Allied Fibers & Plastics, 14 Va. App. 319, 326, 416 S.E.2d 708, 712 (1992).
In its petition for appeal to this Court, Allied contended that the Court of Appeals erred (1) in holding that the Commission applied an “improper standard” to the question whether Allied was equitably estopped from invoking the statute of limitations, (2) in finding that the case did not present a matter of conflicting evidence or a dispute concerning the Commission’s findings of fact, and (3) in refusing to hold that Cibula had failed to preserve the estoppel question for appeal purposes. Determining that the holding of the Court of Appeals regarding an “improper standard” presented a matter of significant precedential value, Code § 17-116.07(B), and that all three of the claims of error should be reviewed, we awarded Allied an appeal.
Upon consideration of Allied’s contentions, we find there is no error in the judgment under review. Accordingly, we will adopt the Court of Appeals’ opinion as our own and affirm its judgment.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.