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ARTIS v. OTTENBERG'S BAKERS, INC.

Record No. 2157-03-4.

608 S.E.2d 512 (2005)

45 Va. App. 72

Phillip L. ARTIS v. OTTENBERG'S BAKERS, INC. and Reliance National Indemnity Co.

Court of Appeals of Virginia, Richmond.

February 8, 2005.

Attorney(s) appearing for the Case

Craig A. Brown, Alexandria (Ashcraft & Gerel, LLP, on brief), for appellant.

Joseph F. Giordano, McLean (Andy M. Alexander; Semmes, Bowen & Semmes, P.C., on briefs), for appellees.

Present: FITZPATRICK, C.J., BENTON, ELDER, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY, and McCLANAHAN, JJ., and ANNUNZIATA, S.J.

HUMPHREYS, Judge.

Ottenberg's Bakers, Inc. ("employer") discharged appellant Phillip L. Artis for cause after Artis staged a robbery in an attempt to murder a co-worker. Following his termination, Artis filed a claim with the Workers' Compensation Commission, seeking temporary partial disability benefits. The commission denied Artis' claim, reasoning that Artis had forfeited his right to temporary disability benefits because his termination was attributable to his...

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