COM., DEPT. OF HIGHWAYS & TRANSP. v. Williams

Opinion

KEENAN, J.

In Nelson v. Remor Restaurant, Inc., 228 Va. 607, 324 S.E.2d 658 (1985), the Supreme Court held that cost-of-living supplements awarded under Code § 65.1-99.1 must be computed on a compounded basis by adding accrued supplements to the original benefit allowance. In the present case, the Industrial Commission applied Nelson retroactively and the Department of Highways and Transportation, the employer, has appealed. The issues we face are: (1) whether the method of computation announced in Nelson applies retroactively; (2) whether Rule 13(B) of the Rules of the Industrial…