Utility Trailer Manufacturing Co. v. Testerman
58 Va. App. 474
| Va. Ct. App. | 2011Background
- Claimant Joshua Testerman is an hourly Utility Trailer Manufacturing employee with restricted work capacity stemming from a prior industrial injury.
- He previously received medical benefits, temporary total disability, and permanent partial disability, and returned to light-duty work in the same year as the injury.
- January 5–9, 2009, the manufacturing line was shut down for a one-week furlough to conduct an annual inventory count.
- Weaver, HR manager, testified the shutdown affected all manufacturing employees and was pre-announced with a posted notice; employees were told to return after one week.
- Testerman sought compensation for total wage loss during the furlough; the Commission ultimately held his claim did not establish a causal link between his partial incapacity and the wage loss, reversing the Commission and dismissing the claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defined, one-week furlough for all workers constitutes wage loss causally related to partial incapacity. | Testerman—(Testerman) argues wage loss is due to his injury-related incapacity. | Utility—Weaver testifies the furlough was for inventory and not caused by Testerman's incapacity. | No causal link established; wage loss not compensable. |
| Whether evidence of marketing residual capacity is required to obtain lost-wage benefits during furloughs. | Testerman marketed residual capacity and sought benefits despite furlough. | Employer contends economic shutdown negates entitlement absent a causal link. | Entitlement hinges on causation between partial incapacity and wage loss; marketing alone insufficient without causation. |
Key Cases Cited
- Metro Machine Corp. v. Sowers, 33 Va.App. 197 (2000) (economic layoff does not bar disability benefits when incapacity limits ability to obtain work)
- Carr v. Va. Elec. & Power Co., 25 Va.App. 306 (1997) (overtime loss tied to injury supports causation for partial incapacity)
- Consol. Stores Corp. v. Graham, 25 Va.App. 133 (1997) (downturn in business does not defeat right to compensation for diminished earning capacity)
- Lamb v. Metro Mach. Corp., 33 Va.App. 187 (2000) (after economic layoff from selective employment, benefits persist until recovery or new selective employment is offered)
- Allegheny Airlines v. Merillat, 14 Va.App. 341 (1992) (compensation under partial incapacity is based on earning capacity, not strict wage loss)
- Pilot Freight Carriers v. Reeves, 1 Va.App. 435 (1986) (partial incapacity benefits reflect impairment of earning capacity)
- Bay Concrete Constr. Co. v. Davis, 43 Va.App. 528 (2004) (earnings ability considered when calculating partial incapacity benefits)
- Great Atlantic & Pac. Tea Co. v. Bateman, 4 Va.App. 459 (1987) (liberal construction of Act; compensation is for incapacity to earn wages, not mere unemployment)