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RICHFOOD, INC. v. WILLIAMS

Record No. 1634-94-2.

457 S.E.2d 417 (1995)

20 Va. App. 404

RICHFOOD, INC. and Old Republic Insurance Company v. James A. WILLIAMS.

Court of Appeals of Virginia, Richmond.

May 23, 1995.

Attorney(s) appearing for the Case

R. Ferrell Newman, Richmond (Glenn S. Phelps; Thompson, Smithers, Newman & Wade, on brief), for appellants.

Louis D. Snesil, Richmond (McDonald & Snesil, on brief), for appellee.

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

MOON, Chief Judge.

Appellants, Richfood, Inc. and Old Republic Insurance Company, appeal the commission's decision to award James A. Williams temporary partial disability benefits based on its finding that Williams cured his "constructive refusal of selective employment." We find that Williams's employment with Richfood, Inc. was terminated because of his failure to pass a drug screening as a condition of employment pursuant to a written agreement, and we hold that...

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