Utility Trailer Manufacturing Co. v. Testerman

HALEY, Judge.

INTRODUCTION

The Workers’ Compensation Act (the “Act”) authorizes awards for lost wages resulting from an “incapacity for work resulting from” injury. Code § 65.2-500 et seq. The issue here for resolution is whether a furlough from work of predefined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, justifies an award for lost wages to a worker with restricted capacity, in the absence of evidence demonstrating a causal relationship between that restriction and the wage loss. We conclude such an award under these…