County of James City Fire Department v. Smith

FRANK, Judge.

County of James City Fire Department and Virginia Municipal Group Self-Insurance Association, (collectively appellant), appeal the decision of the Workers’ Compensation Commission (commission) which awarded temporary partial benefits to Warren Edward Smith (claimant). Appellant contends the commission erred in finding claimant adequately marketed his residual work capacity. 1 For the reasons stated, we reverse the commission’s decision.

BACKGROUND

Claimant, age sixty-one at the time of the hearing before the deputy commissioner, had been employed by appellant as a…