Washington Metropolitan Area Transit Authority v. Harrison, 831413
| Docket Nº | No. 831413 |
| Citation | 324 S.E.2d 654, 228 Va. 598 |
| Case Date | January 18, 1985 |
| Court | Supreme Court of Virginia |
Page 654
v.
Ricky Thomas HARRISON.
[228 Va. 599]
Page 655
Benjamin J. Trichilo, Fairfax (William L. Carey, Lewis & Trichilo, Fairfax, on briefs), for appellants.Lawrence J. Pascal, Alexandria (Ashcraft & Gerel, Alexandria, on brief), for appellee.
[228 Va. 598] Present: All the Justices.
[228 Va. 599] PER CURIAM.
This is an employer's appeal from a decision of the Industrial Commission awarding worker's compensation benefits to a partially disabled employee.
[228 Va. 600] Ricky Thomas Harrison (Harrison), a carpenter's apprentice, suffered an injury by industrial accident on August 18, 1982. Under a memorandum of agreement, Washington Metropolitan Area Transit Authority and its insurer, Lumbermens Mutual Casualty Company (collectively, the employer), paid Harrison temporary total disability benefits beginning August 19. Harrison questioned the accuracy of the wage-benefit calculation and, since the Commission had not entered an award approving the voluntary agreement, he filed an application for hearing on November 24.
On November 29, Harrison accepted the employer's offer of selective employment suitable to his limited capacity and returned to work at his pre-injury wage. Pursuant to a general reduction in force, however, Harrison and all but one of his fellow apprentices were terminated effective December 8. At the hearing, which was not conducted until March 1, 1983, the deputy commissioner resolved the wage-benefit issue against the employer. The question then arose whether Harrison was entitled to temporary total disability benefits beginning anew December 8, 1982. Although Harrison offered no evidence to show he had been unable to find alternative employment during the preceding three months, the deputy commissioner entered an award in his favor, and the employer requested review. The full Commission found that Harrison "was laid off ... for economic reasons, through no fault of his own." Affirming the award and citing the rule it had applied in earlier cases, the Commission held that he "is entitled to the resumption of compensation benefits ... effective December 8, 1982 and continuing until he recovers from the effects of his injury and can return to his regular employment, or until other selective employment is obtained for him."
We limited the appeal to consideration of the...
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Artis v. Ottenberg's Bakers, Inc., Record No. 2157-03-4.
...his termination was attributable to his disability rather than his wrongful act. See Washington Metro. Area Transit Auth. v. Harrison, 228 Va. 598, 600-02, 324 S.E.2d 654, 655-56 (1985) (holding that claimant who had no previous disability award entered in his favor had the burden to prove ......
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Artis v. Ottenberg's Bakers, Inc., Record No. 2157-03-4 (VA 2/8/2005), Record No. 2157-03-4.
...his termination was attributable to his disability rather than his wrongful act. See Washington Metro. Area Transit Auth. v. Harrison, 228 Va. 598, 600-02, Page 11 S.E.2d 654, 655-56 (1985) (holding that claimant who had no previous disability award entered in his favor had the burden to pr......
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King William Cnty. v. Jones, Record No. 0576–15–2.
...” Ford Motor Co. v. Favinger , 275 Va. 83, 89, 654 S.E.2d 575, 578 (2008) (quoting Wash. Metro. Area Transit Auth. v. Harrison , 228 Va. 598, 601, 324 S.E.2d 654, 656 (1985) ). But never, until now, has a disabled employee additionally been required to prove that her marketing was unsuccess......
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LINES v. KERR, Record No. 1345-10-4
...justified.'" Favinger, 275 Va. at 89, 654 S.E.2d at 578 (quoting Code § 65.2-510; citing Washington Metro. Area Transit Auth. v. Harrison, 228 Va. 598, 601, 324 S.E.2d 654, 656(1985)). In order to obtain an award of temporary partial disability benefits, a partially incapacitated employee b......