Chesapeake & Potomac Telephone Co. v. Murphy

Opinion

KOONTZ, C.J.

Chesapeake & Potomac Telephone Company of Virginia (C&P), appellant, appeals from a February 15, 1990 decision of the Industrial Commission awarding temporary partial *635disability benefits to Reginald D. Murphy, appellee, based on his “cure” of his unjustified refusal of selective employment subsequent to his termination for cause by C&P. The issue presented is whether Code § 65.1-63 permits an employee to cure his refusal of selective employment under the facts of this case. We hold that it does not and, accordingly, we reverse the decision of the commission.

The essential…