McFadden v. Carpet House

ELDER, Judge.

Lawrence E. McFadden (claimant) appeals a decision of the Workers’ Compensation Commission holding that the Carpet House and the Virginia Commerce Group Self-Insurance Association (employer) were entitled to a credit for temporary total disability payments they made to claimant pursuant to an outstanding award after he returned to his pre-injury employment. On appeal, claimant contends employer’s payments were not voluntary payments within the meaning of Code § 65.2-520 and, thus, that employer was not entitled to credit. We hold the express provisions of Code §§ 65.2-708 and…