Legal Opinion

Commonwealth/Dept of Transport. v. Jimmy K. Swiney

Court of Appeals of Virginia

Decided November 19, 1996No. 0138963PublishedCited by 6 opinions

1Opinion of the Court

BAKER, Judge.

The Department of Transportation (employer) appeals from a decision of the Workers’ Compensation Commission (commission) denying employer’s request to suspend an order of compensation-to Jimmy K. Swiney (claimant). Employer argues that claimant was ineligible for workers’ compensation benefits because claimant was “[r]eceiving wages due to the Workforce Transition Act directly from the employer as of 5/1/95.” We disagree and affirm the commission’s decision that payments made under the Workforce Transition Act (WTA) are not “wages” for purposes of the Workers’ Compensation Act…

2Cases cited4 opinions

  1. Fidelity Insurance, Trust & Safe Deposit Co. v. Shenandoah Valley RailroadSupreme Court of Virginia · 1889
  2. Bosworth v. 7-Up Distributing Co.Court of Appeals of Virginia · 1987
  3. City of Alexandria v. McClarySupreme Court of Virginia · 1936
  4. Southwest Architectural Products, Inc. v. SmithCourt of Appeals of Virginia · 1987

3Cited by6 opinions

  1. B.P. SOLAR and Ace American Insurance Company v. Carolyn E. JONESCourt of Appeals of Virginia · 2007
  2. Barbeau v. Siege Technologies, LLCDistrict Court, E.D. Virginia · 2025
  3. Groundworks Operations, LLC v. CampbellSupreme Court of Virginia · 2025
  4. Joseph Campbell v. Groundworks Operations, LLCCourt of Appeals of Virginia · 2024
  5. Lundberg v. Delta Response Team, LLCDistrict Court, W.D. Virginia · 2024

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