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CARR v. ATKINSON/CLARK/SHEA

Record No. 1589-13-4.

756 S.E.2d 191 (2014)

63 Va. App. 281

Carnie CARR, Jr. v. ATKINSON/CLARK/SHEA, A Joint Venture, and St. Paul Fire and Marine Insurance Company.

Court of Appeals of Virginia, Alexandria.

April 8, 2014.

Attorney(s) appearing for the Case

M. Thomas McWeeny ( Julie H. Heiden ; Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P., on brief), for appellant.

Alan D. Sundburg (Friedlander Misler, PLLC, on brief), for appellees.

Present: Chief Judge FELTON, Judges PETTY and McCULLOUGH.

STEPHEN R. McCULLOUGH, Judge.

Carnie Carr, Jr., assigns error to the ruling of the commission denying him benefits during repeated furloughs of undefined duration. We agree and reverse.

BACKGROUND

Appellant has been restricted to light duty following a work-related accident. Due to the vagaries of the construction industry, his employer periodically furloughs nearly all of its employees for undefined periods of time, with the expectation that the...

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