Nguyen v. Fairfax County Board of Supervisors

FITZPATRICK, Chief Judge.

Hanh Nguyen (claimant) appeals a decision of the Workers’ Compensation Commission denying her change-in-condition application as time barred. Claimant contends she is entitled to the tolling provisions of Code § 65.2-708(0 because she returned to selective employment after her injury. We disagree and affirm the commission.

The facts are not in dispute. On August 7, 1990, claimant injured her back at work. Employer accepted the claim as compensable and paid claimant temporary partial disability benefits for intermittent work days missed. Claimant last received benefits…