HERCULES, INC. v. CARTER

Record No. 1752-90-3.

409 S.E.2d 637 (1991)

HERCULES, INC., et al. v. Larry Douglas CARTER.

Court of Appeals of Virginia.

Rehearing En Banc Granted November 15, 1991.


Attorney(s) appearing for the Case

James C. Joyce, Jr. (Gentry, Locke, Rakes & Moore, on briefs), for appellants.

Berrell F. Shrader (Dutton Olinger, on brief), for appellee.

Present: COLEMAN, DUFF and MOON, JJ.


COLEMAN, Judge.

In this workers' compensation appeal, we hold that an employee who applies to reinstate his temporary total benefits after the commission suspended them because he unjustifiably refused the employer's offer of selective employment need not establish that he continues to be disabled from the work-related accident. The employee contends that in order to have his benefits reinstated, he need only prove that he agreed to accept the offer and thereby cured...

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