Lena Robertson,etc. v. E.I. DuPont de Nemours & Co

I concur in the majority’s decision affirming the commission’s denial of temporary total disability benefits. However, I disagree that our holding in Chesapeake & Potomac Telephone Co. v. Williams, 10 Va.App. 516, 392 S.E.2d 846 (1990), compels the commission’s conclusion that the permanent partial disability benefits awarded for Charles Roberston’s asbestosis should be calculated based on the average weekly wage he earned before voluntarily retiring in 1973. Therefore, I respectfully dissent from this portion of the majority opinion.

The claimant in Williams sought temporary total disability…