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EPPLING v. SCHULTZ DINING PROGRAMS

Record No. 0576-93-3.

442 S.E.2d 219 (1994)

Irma EPPLING v. SCHULTZ DINING PROGRAMS/COMMONWEALTH OF VIRGINIA.

Court of Appeals of Virginia.

March 29, 1994.

Attorney(s) appearing for the Case

Berrell F. Shrader, Lexington (Attorneys and Counselors at Law of Virginia, P.C., on brief), for appellant.

Patricia H. Quillen, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., William H. Hauser, Sr. Asst. Atty. Gen., James P. Wheeler, Asst. Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and COLEMAN and WILLIS, JJ.

COLEMAN, Judge.

In this workers' compensation appeal, the dispositive question is whether an employee's termination from employer procured selective employment permanently bars the employee from having her workers' compensation benefits reinstated, when the reason for her termination was excessive absenteeism caused by non-work-related health problems. We find that the commission erred in permanently terminating Irma Eppling's workers' compensation benefits. The commission...

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