Legal Opinion

Virginia Wayside Furniture, Inc. v. Burnette

Court of Appeals of Virginia

Decided September 14, 1993No. Record Nos. 1946-92-2, 1960-92-2PublishedCited by 17 opinions

1Opinion of the Court

Opinion

COLEMAN, J.

In this workers’ compensation appeal, we hold that a partially disabled employee can cure an unjustified refusal of selective employment of a job procured by his employer by obtaining other comparable employment. We also hold that the commission erred in calculating the amount of Mickey L. Burnette’s temporary partial disability benefits. Accordingly, we affirm the commission’s decision to award Burnette disability benefits for partial wage loss but reverse and remand the decision regarding the amount of the award.

On November 17, 1988, Burnette sustained a compensable injury…

2Cases cited5 opinions

  1. National Linen Service v. McGuinnCourt of Appeals of Virginia · 1989
  2. Washington Metropolitan Area Transit Authority v. HarrisonSupreme Court of Virginia · 1985
  3. Jules Hairstylists, Inc. v. GalanesCourt of Appeals of Virginia · 1985
  4. Big D Quality Homebuilders v. HamiltonSupreme Court of Virginia · 1984
  5. Thompson v. Hampton InstituteCourt of Appeals of Virginia · 1987

3Cited by17 opinions

  1. Hillcrest Manor Nursing Home v. UnderwoodCourt of Appeals of Virginia · 2001
  2. ARA Services v. SwiftCourt of Appeals of Virginia · 1996
  3. Christiansen v. Metro Bldg. Supply, Inc.Court of Appeals of Virginia · 1994
  4. Christiansen v. Metro Building Supply, Inc.Court of Appeals of Virginia · 1994
  5. Metropolitan Washington Airports Authority v. LusbyCourt of Appeals of Virginia · 2003

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