The Virginia Court of Appeals affirmed the Workers' Compensation Commission's decision, holding that the employer failed to raise the unjustified refusal of selective employment defense at the hearing and that the employee was entitled to temporary partial disability benefits based on his average weekly wage in his animal control job.
What This Ruling Means
This case involved a dispute over workers' compensation benefits for an injured employee. The worker had been receiving temporary partial disability payments based on his wages from an animal control job. His employer, Vanliner Insurance Company, disagreed with this arrangement and appealed the Workers' Compensation Commission's decision to continue these benefits.
The Virginia Court of Appeals sided with the injured worker. The court upheld the original decision by the Workers' Compensation Commission, which meant the employee would continue receiving temporary partial disability benefits calculated using his animal control job wages. The employer's appeal was rejected.
This ruling matters for workers because it reinforces that employees can rely on workers' compensation decisions made in their favor. When a workers' compensation board awards benefits to an injured worker, employers cannot easily overturn those decisions just by appealing to higher courts. The case shows that courts will protect workers' compensation awards when they are properly calculated based on the employee's actual work history and wages. This provides important security for injured workers who depend on these benefits while they recover from workplace injuries.
This summary was generated to explain the ruling in plain English and is not legal advice.
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This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.