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ALLEN v. SOUTHERN COMMERCIAL REPAIR, INC.

Record No. 1758-02-1.

578 S.E.2d 64 (2003)

40 Va. App. 116

Mark S. ALLEN v. SOUTHERN COMMERCIAL REPAIR, INC. and Selective Insurance Company of America.

Court of Appeals of Virginia, Chesapeake.

March 25, 2003.

Attorney(s) appearing for the Case

Matthew H. Kraft (Inman & Stickler, P.L.C., on brief), for appellant.

(Robert G. Harrington; Robert Harrington & Associates, on brief), for appellees. Appellees submitting on brief.

Present: Judges ANNUNZIATA, FRANK and Senior Judge BRAY.

ANNUNZIATA, Judge.

Mark S. Allen, appellant, appeals the decision of the Workers' Compensation Commission, which found that he was not entitled to temporary partial disability benefits because he failed to reasonably market his residual wage earning capacity. For the reasons that follow, we affirm.

The material facts underlying this appeal are not in dispute. Allen suffered an injury by accident on March 23, 1999 while employed by Southern Commercial Repair...

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