USAIR, INC. v. JOYCE

Record No. 0357-97-4.

497 S.E.2d 904 (1998)

27 Va. App. 184

USAIR, INC. and Reliance National Insurance Company v. Robert S. JOYCE.

Court of Appeals of Virginia, Alexandria.

April 21, 1998.


Attorney(s) appearing for the Case

David A. Walsh (Hunton & Williams, on brief), McLean, for appellants.

No brief or argument for appellee.

Present: FITZPATRICK, C.J., and BAKER and ANNUNZIATA, JJ.


BAKER, Judge.

USAir, Inc. (employer) appeals a decision of the Workers' Compensation Commission reinstating benefits to Robert S. Joyce (claimant). Employer contends on appeal that claimant's failure adequately to market his residual work capacity, as required by Code § 65.2-510, bars his receipt of benefits. For the reasons that follow, we hold that claimant had no duty to market his residual capacity under the facts of this case, and we affirm the commission...

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