SHENANDOAH MOTORS, INC. v. SMITH

Record No. 0883-08-4.

672 S.E.2d 127 (2009)

53 Va. App. 375

SHENANDOAH MOTORS, INC. and VADA Group Self-Insurance Association v. Barbara Jean SMITH.

Court of Appeals of Virginia, Richmond.

February 10, 2009.


Attorney(s) appearing for the Case

Bryan M. Kirchner, Oakton (Angela F. Gibbs, Richmond, Midkiff, Muncie, and Ross, P.C., on briefs), for appellants.

M. Thomas McWeeny (Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P., on brief), Fairfax, for appellee.

Present: KELSEY and BEALES, JJ., and CLEMENTS, Senior Judge.


JEAN HARRISON CLEMENTS, Judge.

Shenandoah Motors, Inc. and VADA Group Self-Insurance Association (collectively, employer) appeal a decision of the Workers' Compensation Commission (commission) awarding temporary partial disability benefits to Barbara Jean Smith (claimant). In reaching that decision, the commission concluded that claimant's post-injury termination from full-duty employment with employer, even if that termination...

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