Ciracharo Acquisition Corporation and American Home Assurance Company v. Beulah Kay Sadler

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Beales and Senior Judge Clements
Argued at Richmond, Virginia
CIRCHARO ACQUISITION CORPORATION AND
AMERICAN HOME ASSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0948-08-4 	PER CURIAM
FEBRUARY 24, 2009
BEULAH KAY SADLER
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
John H. Carstens (Jimese Pendergraft Sherrill; Michelle L.
Diamantes; Jordan Coyne & Savits, L.L.P., on briefs), for appellants.
James E. Swiger (Swiger & Cay, on brief), for appellee.
Circharo Acquisition Corporation appeals a decision of the Workers’ Compensation
Commission awarding loss-wage benefits to Beulah Kay Sadler. Among other grounds,
Circharo argues the commission was improperly constituted to make a decision in this case. This
issue was recently decided in Circharo’s favor in Hitt Construction v. Pratt, 53 Va. App. ___,
670 S.E.2d ___ (Feb. 17, 2009). Under the interpanel accord doctrine, the “decision of one panel
‘becomes a predicate for application of the doctrine of stare decisis’ and cannot be overruled
except by the Court of Appeals sitting en banc or by the Virginia Supreme Court.” Clinchfield
Coal Co. v. Reed, 40 Va. App. 69, 73, 577 S.E.2d 538, 540 (2003) (citation omitted); see also
Congdon v. Congdon, 40 Va. App. 255, 265, 578 S.E.2d 833, 838 (2003).
Pursuant to Hitt Construction, we reverse the commission’s decision and remand for
reconsideration.
Reversed and remanded.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.