 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Carriage House Press v. Hinson6/7/1994
MEMORANDUM OPINION BY JUDGE JOHANNA L. FITZPATRICK
Carriage House Press and its insurance carrier, Hartford Accident & Indemnity Company (collectively "employer"), appeal the commission's October 13, 1993, award of temporary total and temporary partial disability benefits to Patricia F. Hinson (claimant). Employer argues, inter alia, that claimant is barred from receiving wage loss benefits because she failed to cure her unjustified refusal of selective employment. In addition, employer claims that the commission erred in finding claimant's request for review of the February 24, 1993, opinion sufficient to also act as a request for review of the deputy commissioner's amended opinion dated March 12, 1993. We disagree and affirm the commission's award.
BACKGROUND
As a threshold matter, we find employer's argument that claimant failed to properly preserve her objection to the deputy commissioner's amended opinion without merit. "Under Rule 2(A) the commission had the discretion to hear the petition for review without a specification of each determination of fact or law, and to determine all of the issues involved in the case." Brushy Ridge Coal Co. v. Blevins, 6 Va. App. 73, 78, 367 S.E.2d 204, 206 (1988) (emphasis added). Therefore, we affirm the commission on this issue.
On February 28, 1990, claimant sustained a compensable back injury while working as a press operator for employer. She received a combination of temporary total and temporary partial disability benefits between March 1, 1990, and November 8, 1991. The commission suspended further wage loss benefits to claimant effective November 9, 1991, because of her unjustified refusal of employer-procured selective employment with AESOP Services (AESOP).
On April 8, 1992, claimant obtained selective employment at Pace-Marrow Corporation for a greater wage than the wage offered by AESOP. Employer agreed to claimant's cure of her prior unjustified refusal of selective employment and entered into a memorandum of agreement for an award of temporary partial disability benefits. The agreement was approved by the commission, and an award was entered on July 28, 1992, in favor of the claimant for $137.98 per week, during partial incapacity. This award was not appealed.
On August 21, 1992, claimant became unable to perform her job with Pace-Morrow because of physical limitations caused by her compensable back injury. After reviewing Pace-Marrow's description of the job claimant was performing, Dr. Kim E. Marsh, claimant's treating physician, opined that claimant could not continue to perform that job. Claimant missed work from August 21, 1992, through November 18, 1992. She procured work as a floral delivery driver for Commonwealth Gallery Florists on November 19, 1992, at a wage below that offered by AESOP or Pace-Marrow. Thereafter, upon claimant's change in condition application, the commission awarded her temporary total disability benefits for the period she missed work and temporary partial disability benefits from November 19, 1992, and continuing during her partial incapacity.
CURE OF UNJUSTIFIED REFUSAL OF SELECTIVE EMPLOYMENT
The evidence proves, and employer concedes in its brief, that "[claimant], without a doubt, cured her unjustified refusal of employment at AESOP by accepting employment elsewhere." Employer argues, however, that such cure ceased upon claimant's termination of employment with Pace-Marrow. We disagree.
Claimant's benefits were suspended after her unjustified refusal of employer-procured selective employment at AESOP. Thereafter, claimant procured employment with Pace-Marrow a
Page 1 2 Virginia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|