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HERCULES, INC. v. CARTER

Record No. 1752-90-3.

419 S.E.2d 438 (1992)

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

Court of Appeals of Virginia.

July 28, 1992.

Attorney(s) appearing for the Case

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.

Present: KOONTZ, C.J., and BARROW, BENTON, COLEMAN, DUFF, MOON, WILLIS, ELDER and BRAY, JJ.

UPON REHEARING EN BANC

In Hercules, Inc. v. Carter, 13 Va.App. 219, 409 S.E.2d 637 (1991), a majority of a panel of the Court affirmed an award of the Virginia Workers' Compensation Commission1 that reinstated the claimant's compensation benefits after he cured his unjustified refusal of selective employment.2 We granted Hercules a rehearing and heard the case

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