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COUNTY OF JAMES CITY FIRE DEPT. v. SMITH

Record No. 0225-09-1.

680 S.E.2d 307 (2009)

54 Va. App. 448

COUNTY OF JAMES CITY FIRE DEPARTMENT and Virginia Municipal Group Self-Insurance Association v. Warren Edward SMITH.

Court of Appeals of Virginia, Chesapeake.

August 4, 2009.

Attorney(s) appearing for the Case

Ralph L. Whitt, Jr. (Brandon R. Jordan; Whitt & Del Bueno, P.C., on briefs), Glen Allen, for appellants.

Joseph F. Verser (Richard B. Donaldson, Jr.; Jones, Blechman, Woltz & Kelly, P.C., on brief), Newport News, for appellee.

Present: FELTON, C.J., FRANK, J., and BUMGARDNER, S.J.

FRANK, Judge.

County of James City Fire Department and Virginia Municipal Group Self-Insurance Association, (collectively appellant), appeal the decision of the Workers' Compensation Commission (commission) which awarded temporary partial benefits to Warren Edward Smith (claimant). Appellant contends the commission erred in finding claimant adequately marketed his residual work capacity.1 For the reasons stated, we reverse the commission...

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