Atchison v. May Department Stores Co.

This workmen’s compensation appeal deals with cost of living supplements for total incapacity. Specifically, we determine under Code § 65.1-99.1 whether entitlement to previous annual cost .of living incremental payments becomes fixed and immune from reduction during a subsequent year when the claimant is not entitled to an annual cost of living supplement because of receipt of social security benefits.

Code § 65.1-99.1, enacted in 1975, provides as follows:

“Cost of living supplements for total incapacity and dependents of deceased. — In the event that the combined disability benefit…