Potomac Edison Co. of Virginia, Inc. v. Cash

Opinion

FITZPATRICK, J.

In this workers’ compensation appeal, Potomac Edison Company of Virginia (employer) argues that the commission erred in reinstating Diania Cash’s (claimant) temporary total disability benefits after she was discharged for cause from selective employment procured by her employer. We hold that the forfeiture rule established in C&P Telephone Co. v. Murphy, 12 Va. App. 633, 406 S.E.2d 190, aff'd en banc, 13 Va. App. 304, 411 S.E.2d 444 (1991), does not bar a claimant’s request for temporary total disability benefits necessitated by a medical change in condition directly…