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Virginia Cmw. Univ. v. Edmunds

Court of Appeals of Virginia. Norfolk
Nov 26, 1996
Record No. 1146-96-2 (Va. Ct. App. Nov. 26, 1996)

Opinion

Record No. 1146-96-2

November 26, 1996

Appeal from the Virginia Workers' Compensation Commission.

Ingrid E. Olson, Assistant Attorney General (James S. Gilmore, III, Attorney General; Gregory Lucyk, Senior Assistant Attorney General, on brief), for appellant.

B. Mayes Marks, Jr., for appellee.

Present: Judges Baker, Benton and Overton.


MEMORANDUM OPINION

Pursuant to Code § 17-116.010 this opinion is not designated for publication.


Virginia Commonwealth University appeals from a decision of the Workers' Compensation Commission denying the University's request to suspend an award of compensation to Richard L. Edmunds. The University raises three issues, which collectively assert that Edmunds was ineligible for workers' compensation benefits because Edmunds was receiving "wages" pursuant to the Workforce Transition Act.

For the reasons cogently stated in Department of Transp. v. Swiney, ___ Va. App. ___, ___ S.E.2d ___ (1996), we hold that payments made pursuant to the Workforce Transition Act are not "wages" for purposes of the Workers' Compensation Act. "The payments made [to Edmunds] pursuant to the [Workforce Transition Act] agreement . . . were not for work performed or services rendered to [the University] in anticipation of compensation, but were to induce [Edmunds] not to perform work for [the University]." Id. at ___, ___ S.E.2d at ___. Accordingly, we affirm the commission's decision.

Affirmed.


Summaries of

Virginia Cmw. Univ. v. Edmunds

Court of Appeals of Virginia. Norfolk
Nov 26, 1996
Record No. 1146-96-2 (Va. Ct. App. Nov. 26, 1996)
Case details for

Virginia Cmw. Univ. v. Edmunds

Case Details

Full title:VIRGINIA COMMONWEALTH UNIVERSITY v. RICHARD LESLIE EDMUNDS

Court:Court of Appeals of Virginia. Norfolk

Date published: Nov 26, 1996

Citations

Record No. 1146-96-2 (Va. Ct. App. Nov. 26, 1996)