December 02,2015

Court of Appeals Requires Additional Test for Partially Disabled Employees Marketing Work Capacity

In King William County v. Jones, Record No. 0576-15-2 (Va. Ct. App. December 1, 2015), the Court of Appeals of Virginia held that a partially disabled employee seeking temporary total disability benefits, in addition to presenting evidence of looking for work (i.e., marketing), must also present evidence that he or she was not hired because of his or her partial disability.  The Court did so because it held a partially disabled employee must prove his or her inability to obtain new employment was related to his or her disability.  If this holding stands, it will require partially disabled workers to prove more than that they just adequately looked for work.