Baskerville v. Saunders Oil Co., Inc.

Opinion

KOONTZ, C.J.

This appeal raises the issue whether the act of becoming incarcerated in prison prevents a claimant who has been awarded temporary partial disability from continuing to receive benefits under the Virginia Workers’ Compensation Act.

The claimant, Baskerville, sustained a back injury in an industrial accident July 19, 1979. On October 16, 1979, an award was entered based on the claimant ‘s temporary total incapacity. On November 10, 1981, an award was made based on a change in the claimant’s average weekly wage, which found the claimant to then be under a condition of…