In Avon Products, Inc. v. Ross, 14 Va. App. 1, 415 S.E.2d 225 (1992), the employee contacted the employer immediately after her injury and the employer paid her compensation for four years.
The employee received notice from the commission to file a memorandum of agreement.
She immediately contacted the employer about the need to file the agreement and the employer advised her "whatever was necessary to protect her interests had been done." 14 Va. App. at 3, 415 S.E.2d at 226.
No memorandum was filed or accepted.
The commission found the employer's representations justified the claimant's reliance and the facts created an imposition that required the commission to hold that an award was in effect.