Hercules, Inc. v. Carter

UPON REHEARING EN BANC

Opinion

In Hercules, Inc. v. Carter, 13 Va. App. 219, 409 S.E.2d 637 (1991), a majority of a panel of the Court affirmed an award of the Virginia Workers’ Compensation Commission 1 that reinstated the claimant’s compensation benefits after he cured his unjustified refusal of selective employment. 2 We granted Hercules a rehearing and heard the case en banc on March 17, 1992. Accordingly, for the reasons stated in the panel’s majority opinion, the decision of the Workers’ Compensation Commission is affirmed. Accordingly, the stay of this Court’s mandate issued October 8,…