Washington Metro. Area Transit Auth. v. Harrison
In Washington Metro. Area Transit Auth. v. Harrison, 228 Va. 598, 324 S.E.2d 654 (1985) claimant had accepted employer's offer of selective employment upon his release to light duty and remained partially disabled at the time of the layoff.
He offered no evidence he marketed his remaining capacity.
The Supreme Court reversed and remanded for the parties to present additional evidence of marketing.
In so doing, the Supreme Court held that to establish entitlement to temporary total disability benefits following an economic layoff the claimant has the burden to prove that he made a reasonable effort to procure suitable work but was unable to market his remaining work capacity. See 228 Va. at 600-02, 324 S.E.2d at 655-56.