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CHESAPEAKE & POTOMAC TELEPHONE v. MURPHY

Record No. 0438-90-4.

406 S.E.2d 190 (1991)

CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA v. Reginald D. MURPHY.

Court of Appeals of Virginia.

Rehearing En Banc Granted July 24, 1991.

Attorney(s) appearing for the Case

William L. Carey (Eric J. Berghold, Miles & Stockbridge, on brief), Fairfax, for appellant.

Robert A. Mordhorst (Ashcraft & Gerel, on brief), Alexandria, for appellee.

Present: KOONTZ, C.J., and BARROW and DUFF, JJ.

KOONTZ, Chief Judge.

Chesapeake & Potomac Telephone Company of Virginia (C & P), appellant, appeals from a February 15, 1990 decision of the Industrial Commission awarding temporary partial disability benefits to Reginald D. Murphy, appellee, based on his "cure" of his unjustified refusal of selective employment subsequent to his termination for cause by C & P. The issue presented is whether Code § 65.1-63 permits an employee to cure his refusal of...

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