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Thomas Refuse Service v. Flood
Citations: 515 S.E.2d 315; 30 Va. App. 17; 1999 Va. App. LEXIS 319Docket: 1655982
Court: Court of Appeals of Virginia; June 8, 1999; Virginia; State Appellate Court
Original Court Document: View Document
The Court of Appeals of Virginia affirmed the Workers’ Compensation Commission's decision to award scheduled permanent partial loss benefits to the statutory dependents of Kendell M. Flood, who died while under an award for temporary total incapacity following a work-related injury. Flood, a quadriplegic, had not claimed permanent total or partial incapacity benefits prior to his death. The commission determined that he was eligible for benefits under Code § 65.2-503(B) for the loss of use of his arms and legs, which survived his death under Code § 65.2-511. The employer, Thomas Refuse Service, argued that Flood's severe injuries meant he should have received permanent total incapacity benefits under Code § 65.2-503(C) instead, and thus his dependents were not entitled to any benefits. However, the court emphasized that the commission’s interpretation and application of the Workers' Compensation Act deserved significant weight, supporting the conclusion that, regardless of the lack of prior claims, the statutory dependents were entitled to the unpaid balance of the compensation Flood would have received had he lived. The relevant statutes indicate that dependents can claim for scheduled benefits even if the deceased employee had not formally pursued them before death. Dependents of Flood are entitled to benefits under Code § 65.2-511, given that he would have been eligible for “scheduled” benefits as outlined in Code § 65.2-503 prior to his death. The employer contends that Flood would have only been entitled to permanent total disability benefits, which cease upon death, rather than “scheduled” benefits associated with the loss of specific body members. Code § 65.2-503 details compensation for both permanent partial and total loss or use of body members, specifying scheduled benefits in subsection (B) and criteria for permanent total incapacity in subsection (C). The criteria for total incapacity include the loss of two qualifying members in the same accident, total paralysis, or severe brain injury. While Flood, being a quadriplegic, could qualify for permanent and total incapacity benefits, he was also entitled to scheduled benefits. As Flood was eligible for scheduled benefits at the time of his death, his dependents are entitled to the remaining benefits under Code § 65.2-511. The commission's decision to affirm this entitlement is upheld.