Powhatan Correctional Center v. Mitchell-Riggleman

COLEMAN, III, Judge.

Powhatan Correctional Center/Commonwealth of Virginia (employer) appeals a decision of the Workers’ Compensation Commission awarding Cost-of-Living Adjustment (COLA) benefits to Virginia Grace Mitchell-Riggleman (claimant). Employer contends the commission erred as a matter of law in finding claimant was entitled to COLA benefits beginning in June 1994 because her monthly Social Security benefits, com bined with her workers’ compensation disability benefits, exceeded eighty percent of her pre-injury average monthly wages at all times after that date. Because we find that…