Washington v. United Parcel Service of America

SENIOR JUSTICE COMPTON

delivered the opinion of the Court.

In this workers’ compensation case, the sole issue properly before the Court is whether the Court of Appeals of Virginia erred in affirming the Workers’ Compensation Commission, which refused the claimant’s request to assess a 20% penalty against the employer’s insurance carrier for its failure to pay the claimant benefits as provided in an open award.

Mondell H. Washington, the claimant, worked in the Fredericksburg area as a “preloader” for United Parcel Service of America, the employer, which was insured by Liberty Mutual Fire…