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Hercules, Inc. v. Carter

Court of Appeals of Virginia
Jul 28, 1992
14 Va. App. 886 (Va. Ct. App. 1992)

Opinion

47917

July 28, 1992

In the Court of Appeals of Virginia on Tuesday the 28th day of July, 1992.

Before Chief Judge Koontz, Judges Barrow, Benton, Coleman, Duff, Moon, Willis, Elder and Bray

James C. Joyce, Jr. (Melissa W. Scoggins; Gentry, Locke, Rakes Moore, on brief), for appellants.

(Berrell F. Shrader; Law offices of Dutton Olinger, on brief), for appellee. Appellee submitting on brief.


UPON REHEARING EN BANC OPINION

In Hercules, Inc. v. Carter, 13 Va. App. 219, 409 S.E.2d 637 (1992), a majority of a panel of the Court affirmed an award of the Virginia Workers' Compensation Commission that reinstated the claimant's compensation benefits after he cured his unjustified refusal of selective employment. We granted Hercules a rehearing and heard the case en banc on March 17, 1992. For the reasons stated in the panel's majority opinion, the decision of the Workers' Compensation Commission is affirmed. Accordingly, the stay of this Court's mandate issued October 8, 1991 is lifted.

Formerly the Industrial Commission of Virginia.

This appeal did not raise the issue, and consequently we do not decide, whether a claimant is entitled to have compensation benefits reinstated effective from the date the suspension is declared by the commission to have been lifted or retroactively to the date that the employee cured his unjustified refusal of selective employment.

Judge Moon would reverse the commission's decision for the reasons stated in his dissent to the panel opinion. See id. at 255, 409 S.E.2d at 640.


Summaries of

Hercules, Inc. v. Carter

Court of Appeals of Virginia
Jul 28, 1992
14 Va. App. 886 (Va. Ct. App. 1992)
Case details for

Hercules, Inc. v. Carter

Case Details

Full title:Hercules, Inc., et al., Appellants against Larry Douglas Carter, Appellee

Court:Court of Appeals of Virginia

Date published: Jul 28, 1992

Citations

14 Va. App. 886 (Va. Ct. App. 1992)
419 S.E.2d 438

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