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FOOD LION, LLC v. DALTON

Record No. 0190-07-2.

653 S.E.2d 611 (2007)

50 Va. App. 713

FOOD LION, LLC and Delhaize America, Inc. v. Charles H. DALTON.

Court of Appeals of Virginia, Richmond.

December 11, 2007.

Attorney(s) appearing for the Case

Dov M. Szego (William B. Pierce, Jr.; David G. Browne; William B. Pierce & Associates, PLLC, on brief), Richmond, for appellants.

No brief or argument for appellee.

Present: CLEMENTS, HALEY and BEALES, JJ.

JEAN HARRISON CLEMENTS, Judge.

Food Lion, LLC and Delhaize America, Inc., (collectively, employer) appeal a decision of the Workers' Compensation Commission (commission) refusing to docket for a hearing employer's application alleging Charles H. Dalton (claimant) unjustifiably refused selective employment with employer and seeking the suspension of claimant's open award of temporary partial disability benefits on that basis. Employer contends the commission erred...

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