Pantry Pride v. Backus
In Pantry Pride v. Backus, 18 Va. App. 176, 442 S.E.2d 699 (1994), however, the "employee could not return to work . . . because she would have required transportation to and from work, could not climb stairs, would need to remain seated and supported, might need to shift positions every few minutes because of pain, and would require sedating medication." Id. at 180, 442 S.E.2d at 701-02.
Moreover, we held that "the evidence of a rated loss of twenty-five percent of both legs, coupled with the additional evidence of her incapacity for employment, supported the commission's finding that the employee is permanently unemployable as a consequence of her loss of function in both legs." Id. at 189, 442 S.E.2d at 702.