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1995 SESSION

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HB 2022 Workers' compensation; refusal of employment.

Introduced by: Watkins M. Abbitt, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Workers' compensation; refusal of employment. Provides that a cure of unjustified refusal of “light duty” employment may not be established if the unjustified refusal lasts more than six months from the last day for which compensation was paid before benefits were suspended for refusal to accept light duty employment. However, under the bill, the six-month period may be extended by the number of days a claimant is totally disabled as long as the disablement commenced during such period. The bill further provides that an injured employee who refuses employment procured for him suitable to his capacity is entitled only to benefits prescribed for permanent loss (under § 65.2-503) and medical attention (under § 65.2-603). Under the bill, an injured employee who refuses light duty employment would be ineligible for benefits prescribed for temporary partial incapacity (pursuant to § 65.2-502) and for vocational rehabilitation services, unless such refusal was justified in the opinion of the Workers' Compensation Commission.

The bill also clarifies that if an injured employee cures his unjustified refusal of employment by accepting suitable employment at a wage less than that originally offered, the employer must pay 66 2/3 percent of the difference between the employee's average weekly wage prior to his injury and the average weekly wage the employee would have earned by accepting the employment originally offered.


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