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DOWDEN v. HERCULES, INC.

Record No. 1226-06-2.

644 S.E.2d 93 (2007)

49 Va. App. 668

William C. DOWDEN, Jr. v. HERCULES, INC. and Aqualon Company.

Court of Appeals of Virginia, Richmond.

May 8, 2007.

Attorney(s) appearing for the Case

Stephen T. Harper (Kerns, Kastenbaum & Reinhardt, on brief), Richmond, for appellant.

Angela Fleming Gibbs (Charles F. Midkiff; Midkiff, Muncie & Ross, P.C., on brief), Richmond, for appellees.

Present: FELTON, C.J., and CLEMENTS and BEALES, JJ.

JEAN HARRISON CLEMENTS, Judge.

William C. Dowden, Jr. (claimant) appeals a decision of the Virginia Workers' Compensation Commission (commission) terminating his temporary partial disability benefits. Claimant contends the commission erred in determining he did not partially cure his unjustified refusal of selective employment offered by Hercules, Inc. (employer). For the reasons that follow, we reverse the decision of the commission and remand.

I. BACKGROUND...

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