Johnson v. City of Clifton Forge

UPON REHEARING EN BANC

Opinion

MOON, J.

The sole issue in this workers’ compensation appeal is whether the evidence was sufficient to prove that Willie H. Johnson unjustifiably refused employment procured for him suitable to his work capacity. Code § 65.1-63. We affirm the Industrial Commission and hold that an employee who so unreasonably behaves at a job interview that he undermines the prospect of getting a job available to him is barred by Code § 65.1-63 from further compensation because his actions are the equivalent of unreasonably refusing selective employment.

Code § 65.1-63 provides that…