USAir, Inc. v. Joyce

BAKER, Judge.

USAir, Inc. (employer) appeals a decision of the Workers’ Compensation Commission reinstating benefits to Robert S. Joyce (claimant). Employer contends on appeal that claimant’s failure adequately to market his residual work capacity, as required by Code § 65.2-510, bars his receipt of benefits. For the reasons that follow, we hold that claimant had no duty to market his residual capacity under the facts of this case, and we affirm the commission’s decision.

Claimant, a forty-two-year-old aircraft mechanic, suffered a compensable back injury by accident on September 30, 1992.…