Timbrook v. O'Sullivan Corp.

Opinion

COLEMAN, J.

In this workers’ compensation appeal, we hold that when an employer discharges a partially disabled employee for unjustifiably failing or refusing to report for selective employment, the employee is not barred from curing the unjustified refusal.

The commission ruled that Ethel Timbrook was forever barred from curing her unjustified refusal of selective employment, based upon our holding in C&P Telephone v. Murphy, 12 Va. App. 633, 406 S.E.2d 190, aff’d on reh’g en banc, 13 Va. App. 304, 411 S.E.2d 444 (1991). In Murphy, we held that a partially disabled employee forfeits his…