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VIRGINIA WAYSIDE FURNITURE, INC. v. BURNETTE

Record Nos. 1946-92-2, 1960-92-2.

435 S.E.2d 156 (1993)

VIRGINIA WAYSIDE FURNITURE, INC., et al. v. Mickey L. BURNETTE. Mickey L. BURNETTE v. VIRGINIA WAYSIDE FURNITURE, INC., et al.

Court of Appeals of Virginia.

September 14, 1993.

Attorney(s) appearing for the Case

Sarah Y.M. Kirby, Richmond (Mary Louise Kramer, Mary Ann Link, Sands, Anderson, Marks & Miller, on briefs), for Virginia Wayside Furniture, Inc., et al.

Robert L. Flax, Richmond, for Mickey L. Burnette (Record No. 1946-92-2).

Mickey L. Burnette, pro se (Record No. 1960-92-2).

Present: COLEMAN, WILLIS and ELDER, JJ.

COLEMAN, Judge.

In this workers' compensation appeal, we hold that a partially disabled employee can cure an unjustified refusal of selective employment of a job procured by his employer by obtaining other comparable employment. We also hold that the commission erred in calculating the amount of Mickey L. Burnette's temporary partial disability benefits. Accordingly, we affirm the commission's decision to award Burnette disability benefits for partial wage

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