Tumlin v. Goodyear Tire & Rubber Co.

Opinion

KOONTZ, J.

Heyward J. Tumlin (Tumlin) appeals a denial of permanent partial disability benefits under Code § 65.2-503 (formerly Code § 65.1-56) by the Workers’ Compensation Commission (commission). The issue presented in this appeal is whether Code § 65.2-510 (formerly Code § 65.1-63) and our decision in Murphy v. C & P Telephone Co., 12 Va. App. 633, 406 S.E.2d 190, aff’d en banc, 13 Va. App. 304, 411 S.E.2d 444 (1991), apply to benefits payable under Code § 65.2-503. For the reasons that follow, we hold that Code § 65.2-510 does not apply to awards made under Code § 65.2-503 under any…