ARA Services v. Swift

In ARA Services v. Swift, 22 Va. App. 202, 468 S.E.2d 682 (1996), a disabled employee returned to her pre-injury employment, but could only perform light-duty work. She worked fewer hours a week and therefore earned less money. Id. at 204, 468 S.E.2d at 683. The Court affirmed the commission's ruling that the employee had adequately marketed her residual work capacity. Credible evidence established that the employee acted reasonably because she might have lost benefits if she had refused to accept the light-duty position. Id. at 207, 468 S.E.2d at 684.