Hercules, Inc. v. Carter

419 S.E.2d 438, 14 Va. App. 886, 9 Va. Law Rep. 81, 1992 Va. App. LEXIS 199

• Court: Court of Appeals of Virginia
• Decided: July 28, 1992
• Docket: Record No. 1752-90-3
• Status: Published

Opinion

UPON REHEARING EN BANC

Opinion

In Hercules, Inc. v. Carter, 13 Va. App. 219, 409 S.E.2d 637 (1991), a majority of a panel of the Court affirmed an award of the Virginia Workers’ Compensation Commission 1 that reinstated the claimant’s compensation benefits after he cured his unjustified refusal of selective employment. 2 We granted Hercules a rehearing and heard the case en banc on March 17, 1992. Accordingly, for the reasons stated in the panel’s majority opinion, the decision of the Workers’ Compensation Commission is affirmed. Accordingly, the stay of this Court’s mandate issued October 8, 1991 is lifted.

Judge Moon would reverse the commission’s decision for the reasons stated in his dissent to the panel opinion. See id. at 225, 409 S.E.2d at 640.

1 Formerly the Industrial Commission of Virginia.

2 This appeal did not raise the issue, and consequently we do not decide, whether a claimant is entitled to have compensation benefits reinstated effective from the date the suspension is declared by the commission to have been lifted or retroactively to the date that the employee cured his unjustified refusal of selective employment.