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UTILITY TRAILER MFG. CO. v. TESTERMAN

Record No. 1484-10-3.

711 S.E.2d 232 (2011)

58 Va. App. 474

UTILITY TRAILER MANUFACTURING COMPANY and Liberty Insurance Corporation v. Joshua G. TESTERMAN.

Court of Appeals of Virginia, Salem.

July 12, 2011.

Attorney(s) appearing for the Case

Robert M. Himmel , Roanoke ( Christopher M. Kite ; Lucas & Kite, PLC, Roanoke, on brief), for appellants.

( D. Edward Wise, Jr. ; Arrington, Schelin & Herrel, on brief), for appellee. Appellee submitting on brief.

Present: HALEY, PETTY and POWELL, JJ.

HALEY, JR., Judge.

INTRODUCTION

The Workers' Compensation Act (the "Act") authorizes awards for lost wages resulting from an "incapacity for work resulting from" injury. Code § 65.2-500 et seq. The issue here for resolution is whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, justifies an award for lost wages to a worker with restricted...

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