ILG v. United Parcel Service, Inc.
284 Va. 294
| Va. | 2012Background
- February 12, 2007 industrial accident involving right knee and right hand injuries to Ilg; benefits awarded and paid for knee (hand not referenced in initial award).
- Original and supplemental wage-benefit agreements list only right knee pain; no hand injury mention.
- November 6, 2007 request for records and hearing on additional injuries, including hand injury, was noted but not acted upon.
- February 25, 2008 fitness-for-duty evaluations: one supports restricted, medium work; the other states Ilg unable to work due to knee and hand injuries; UPS uses the latter to require rehabilitation.
- UPS seeks 65.2-708 suspension for unjustified refusal to participate in vocational rehabilitation; Commission initially denies, then Court of Appeals remands in Ilg I; subsequent proceedings involve whether hand injury justifies refusal.
- Court ultimately remands for an evidentiary proceeding to determine if hand injury is causally related and justifies refusal, without ruling on causation yet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hand injury not named in the original award can justify refusal | Ilg can rely on hand injury as the disabling condition arising from the same accident | Doane precludes reliance on injuries not causally related to the original award | Yes; remand to determine causation and justification |
| Whether Doane governs the justification for refusal when a related injury is at issue | Doane supports allowance of evidence of related disability | Doane bars reliance on non-denominated injuries | Doane does not foreclose; burden on Ilg to prove justification on remand |
| Whether law-of-the-case or 65.2-704/65.2-708 distinctions determine proper proceeding | Hand injury may justify 65.2-708 suspension without a 65.2-704 award | Proceedings would convert 65.2-708 to 65.2-704 if a new award is implied | Law-of-the-case does not bar consideration; remand for evidentiary proceeding on justification |
Key Cases Cited
- American Furniture Co. v. Doane, 230 Va. 39 (1985) (whether an injury unrelated to the original award can justify refusal; focus on causal relation to the accident)
- Ballweg v. Crowder Contracting Co., 247 Va. 205 (1994) (burden shifts to employee to justify refusal when offered suitable employment)
- Ilg v. United Parcel Service, Inc., 54 Va. App. 366 (2009) (Court of Appeals discussed law-of-the-case and that hand injury needed determination on remand)