Johnson v. City of Clifton Forge

Opinion

KOONTZ, C.J.

In this workers’ compensation case, we are presented with the following issues: (1) whether under Rule 5 A: 11 the failure of appellant to timely mail or deliver to counsel for appellees a copy of the notice for appeal required to be filed with the clerk of the Industrial Commission constitutes a jurisdictional *540defect that requires dismissal of the appeal, and (2) whether the evidence was sufficient to prove that appellant unjustifiably refused employment procured for him suitable to his capacity under Code § 65.1-63.

I

On May 29, 1987, the Industrial Commission issued its…