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COMMONWEALTH/DEPT. OF TRANSP. v. SWINEY

Record No. 0138-96-3.

477 S.E.2d 777 (1996)

23 Va. App. 467

COMMONWEALTH of Virginia/DEPARTMENT OF TRANSPORTATION v. Jimmy K. SWINEY.

Court of Appeals of Virginia, Salem.

November 19, 1996.

Attorney(s) appearing for the Case

Ingrid E. Olson, Assistant Attorney General (James S. Gilmore, III, Attorney General; Gregory Lucyk, Senior Assistant Attorney General, on brief), for appellant.

No brief or argument for appellee.

Present: BAKER, COLEMAN and ELDER, JJ.

BAKER, Judge.

The Department of Transportation (employer) appeals from a decision of the Workers' Compensation Commission (commission) denying employer's request to suspend an order of compensation to Jimmy K. Swiney (claimant). Employer argues that claimant was ineligible for workers' compensation benefits because claimant was "[r]eceiving wages due to the Workforce Transition Act directly from the employer as of 5/1/95." We disagree and affirm the commission...

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