Klate Holt Co. v. Holt

Holding

Under § 65.1-63 of the Virginia Workers’ Compensation Act, when an injured employee refuses employment procured suitable to the employee’s capacity, the employee will not be entitled to any compensation during the continuance of such refusal, unless the Industrial Commission determines such refusal was justified. In Talley v. Goodwin Bros. Lumber Co., 224 Va. 48, 52, 294 S.E.2d 818, 820 (1982), we said that when the employer invokes the bar of the statute and establishes that a job offer has been tendered within the residual capacity of the injured employee, the burden of persuasion then shifts to the employee to show justification for refusing the offer of modified work.