Legal Opinion

National Linen Service v. McGuinn

Court of Appeals of Virginia

Decided May 16, 1989No. Record No. 0290-88-4PublishedCited by 82 opinions

1Opinion of the Court

Opinion

MOON, J.

National Linen Service appeals an Industrial Commission decision awarding Thomas McGuinn temporary partial disability benefits. The employer contends that there was insufficient evidence to support the commission’s finding that McGuinn made reasonable efforts to market his remaining work capacity. We hold that the mere fact that the employee obtained a new job, where the pay is substantially less than that received at the old job, is, standing alone, insufficient proof of making a reasonable effort to market one’s remaining work capacity.

McGuinn sustained a compensable ankle…

2Cases cited17 opinions

  1. Great Atlantic & Pacific Tea Co. v. BatemanCourt of Appeals of Virginia · 1987
  2. Goodyear Tire & Rubber Co. v. PierceCourt of Appeals of Virginia · 1987
  3. Crisp v. Brown's Tysons Corner Dodge, Inc.Court of Appeals of Virginia · 1986
  4. Washington Metropolitan Area Transit Authority v. HarrisonSupreme Court of Virginia · 1985
  5. Baskerville v. Saunders Oil Co., Inc.Court of Appeals of Virginia · 1985

12 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. Greif Companies (GENESCO) v. SipeCourt of Appeals of Virginia · 1993
  2. Holly Farms Foods, Inc. v. CarterCourt of Appeals of Virginia · 1992
  3. Georgia Pacific Corp. v. DancyCourt of Appeals of Virginia · 1993
  4. Ford Motor Co. v. FavingerSupreme Court of Virginia · 2008
  5. USAir, Inc. v. JoyceCourt of Appeals of Virginia · 1998

77 more not listed; retrieve them via the Exa API.

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