65.2-510 - Refusal of employment; compensation for partial incapacity. - Virginia Statutes

§ 65.2-510. Refusal of employment; compensation for partial incapacity.

A. If an injured employee refuses employment procured for him suitable to hiscapacity, he shall only be entitled to the benefits provided for in §§65.2-503 and 65.2-603, excluding vocational rehabilitation services providedfor in subdivision A 3 of § 65.2-603, during the continuance of such refusal,unless in the opinion of the Commission such refusal was justified.

B. If an injured employee cures his unjustified refusal by acceptingemployment suitable to his capacity at a wage less than that originallyoffered, the employer shall pay or cause to be paid to the injured employeeduring his partial incapacity pursuant to § 65.2-502, a weekly compensationequal to 66 2/3 percent of the difference between his average weekly wagesbefore his injury and the average weekly wage the employee would have earnedby accepting the original proffered light duty employment.

C. A cure of unjustified refusal pursuant to subsection A may not beestablished if the unjustified refusal lasts more than six months from thelast day for which compensation was paid before suspension pursuant to thissection; however, the six-month period may be extended by the number of daysa claimant is totally disabled if the disability commenced during suchsix-month period. When an injured employee is precluded from acceptingemployment as a result of pregnancy, the six-month period for curing therefusal may be tolled during such period as a physician certifies medicaldisability.

(Code 1950, § 65-60; 1968, c. 660, § 65.1-63; 1991, c. 355; 1995, c. 319;1996, c. 252.)