Rusty's Welding Service, Inc. v. Gibson
In Rusty's Welding Service, Inc. v. Gibson, 29 Va. App. 119, 131, 510 S.E.2d 255, 261 (1999), a deputy commissioner "DENIED" the claim, finding that "on the evidence before us we cannot conclude that maximum medical improvement has been reached and accordingly deny permanent partial disability benefits at this time." 27 Va. App. at 736, 501 S.E.2d at 445.
The employee did not seek review of that ruling. Instead, the employee later filed another application for hearing and proved he had then reached maximum medical improvement.
The commission upheld the deputy commissioner's award to the employee for permanent partial benefits and ruled that the deputy's earlier ruling denying benefits "'at this time' . . . left the issue of permanent partial disability unresolved for future determination." 29 Va. App. at 127, 510 S.E.2d at 259.
The Court affirmed that ruling.