Uninsured Employer's Fund v. Peters

BENTON, JR., Judge.

The Workers’ Compensation Commission suspended Gregory Peters’s award of temporary partial disability benefits effective December 27, 2001 due to his incarceration. See Code § 65.2-510.1. The Uninsured Employer’s Fund contends the commission erred in finding that the Fund’s unilateral suspension of Peters’s benefits on September 27, 2001 was arbitrary and erred in levying a penalty of three months of benefits against the Fund. By cross-appeal, Peters contends the commission incorrectly suspended his benefits after finding that the Fund failed to comply with Code §…