City of Salem v. Colegrove, 321 S.E.2d 654 (Va. 1984). · Go Syfert
City of Salem v. Colegrove, 321 S.E.2d 654 (Va. 1984). Cases Citing This Book View Copy Cite
73 citation events (9 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited "but see" Beloit Corp. v. State Labor & Industry Review Commission (2×)
Wis. Ct. App. · 1989 · signal: but see · confidence high
But see City of Salem v. Colegrove, 321 S.E.2d 654 (Va. 1984) (college education is not within boundaries of reasonable and necessary vocational rehabilitation); Barkdull v. Homestake Mining Co., 411 N.W.2d 408 (S.D. 1987) (four-year college degree program exceeded the degree of rehabilitation necessary to enable employee to engage in suitable employment). [8] Section 102.61(3) was renumbered sec. 102.61(1)(c) by 1985 Wis. Act 83, sec. 42. [*] Wisconsin Adm. Code, sec.
cited Cited as authority (rule) Philadelphia Indemnity Insurance Company v. Associated Universities, Inc.
W.D. Va. · 2021 · confidence medium
City of Salem v. Colegrove, 321 S.E.2d 654, 657 (Va. 1984).
discussed Cited as authority (rule) Paul M. Pacheco v. J.P. Masonry, Inc. and Accidental Fund National Insurance Company
Va. Ct. App. · 2017 · confidence medium
Salem v. Colegrove, 228 Va. 290, 294 , 321 S.E.2d 654, 656 (1984) (holding that where injured employee’s doctor had recommended “job retraining,” employee was not entitled to reimbursement for his expenses because college program employee wanted to pursue exceeded doctor’s general recommendation and doctor had never suggested such a program was medically necessary); see also Harris, 58 Va. App. at 560, 566-67 , 712 S.E.2d at 24, 28 (holding that employer was not required to provide employee with a six-person home spa pool based on opinion of employee’s treating physician that employe…
discussed Cited as authority (rule) Lysable Transport, Inc. v. Patton
Va. Ct. App. · 2010 · confidence medium
“An employer and carrier are not estopped from denying future payments merely because they have paid them in the past.” Rucker v. Thrift Transfer, Inc., 1 Va.App. 417, 420 , 339 S.E.2d 561, 562 (1986) (citing Salem v. Colegrove, 228 Va. 290 , *416 295, 321 S.E.2d 654, 656-57 (1984)).
discussed Cited as authority (rule) Robert A. Irwin v. Contemporary Woodcrafts, etc.
Va. Ct. App. · 1999 · confidence medium
The Virginia Supreme Court has defined the term "vocational" as used in that code section as relating to "'training in a specific skill or trade,'" and it has defined "rehabilitation" as "'the process of restoring an individual . . . to a useful and constructive place in society through some form of - 2 - vocational . . . or therapeutic retraining.'" City of Salem v. Colegrove, 228 Va. 290, 294 , 321 S.E.2d 654, 656 (1984) (quoting Low Splint Coal Co. v. Bolling, 224 Va. 400 , 406 n.2, 297 S.E.2d 665 , 668 n.2 (1982)).
examined Cited as authority (rule) Kurtenbach v. Frito-Lay (4×) also: Cited "see, e.g."
S.D. · 1997 · confidence medium
City of Salem v. Colegrove, 228 Va. 290 , 321 S.E.2d 654, 656 (1984).
examined Cited as authority (rule) Fairfax Co. School Board v. Lonnie M. Wright (3×) also: Cited "see"
Va. Ct. App. · 1997 · signal: cf. · confidence medium
Cf. City of Salem v. Colegrove, 228 Va. 290, 293 , 321 S.E.2d 654, 656 (1984).
discussed Cited as authority (rule) Chiolis v. Lage Development Co. (2×)
S.D. · 1994 · confidence medium
City of Salem v. Colegrove, 228 Va. 290 , 321 S.E.2d 654, 656 (1984).
discussed Cited as authority (rule) Nargi v. CaMac Corp.
W.D. Va. · 1992 · confidence medium
“To establish equitable estoppel [in Virginia], it is not necessary to show actual fraud, but only that the person to be estopped has misled another to his prejudice ... or that the innocent party acted in reliance upon the conduct or misstatement by the person to be estopped.” T ... v. T ..., 216 Va. 867, 872-73 , 224 S.E.2d at 152 (citations omitted); Salem v. Colegrove, 228 Va. 290, 294 , 321 S.E.2d 654, 656-57 (Va.1984); Lataif v. Commercial Indus.
examined Cited as authority (rule) Smith v. North Dakota Workers Compensation Bureau (6×)
N.D. · 1989 · confidence medium
A Virginia statute called for "reasonable and necessary vocational rehabilitation training services." City of Salem v. Colegrove, 228 Va. 290 , 321 S.E.2d 654, 655 (1984).
cited Cited "see" LKQ Corporation and CCMSI v. Joseph Galarreta Morales
Va. Ct. App. · 2023 · signal: see · confidence high
See City of Salem v. Colegrove, 228 Va. 290, 293 (1984); Yeargain v. Daniel Int’l, 9 Va. App. 82, 84 (1989).
discussed Cited "see" Rucker v. Thrift Transfer, Inc. (2×)
Va. Ct. App. · 1986 · signal: see · confidence high
See City of Salem v. Colegrove, 228 Va. 290, 295 , 321 S.E.2d 654, 656-57 (1984).
discussed Cited "see, e.g." Ragland v. Karmy (2×)
Shenandoah Cir. Ct. · 1994 · signal: see also · confidence low
See also City of Salem v. Colegrove, 228 Va. 290, 295 , 321 S.E.2d 654, 656-57 (1984).
discussed Cited "see, e.g." Lynchburg Foundry Co. v. Goad (2×)
Va. Ct. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., City of Salem v. Colegrove, 228 Va. 290, 293 , 321 S.E.2d 654, 656 (1984) (holding reviewable, as mixed question of law and fact, determination that college education was not “reasonable and necessary vocational rehabilitation training service” under former Code § 65.1-88).
discussed Cited "see, e.g." Cibula v. Allied Fibers & Plastics (2×)
Va. Ct. App. · 1992 · signal: see also · confidence low
See also City of Salem v. Colegrove, 228 Va. 290, 295 , 321 S.E.2d 654, 656-57 (1984). 4 In applying the evidence, we are guided by the principle that “[w]here a party seeks to invoke the doctrine of estoppel, [that party] has the burden of proving it by clear, precise and unequivocal evidence.” Rose v. Red’s Hitch & Trailer Serv., 11 Va. App. 55, 59-60 , 396 S.E.2d 392, 395 (1990).
Retrieving the full opinion text from the archive…
City of Salem, Et Al.
v.
Haskel W. Colegrove
Record 831322.
Supreme Court of Virginia.
Oct 12, 1984.
321 S.E.2d 654
Gary E. Tegenkamp (David B. Hart; Woodward, Fox, Wooten & Hart, P.C., on briefs), for appellants., Richard M. Thomas (Lichtenstein, Weckstein & Thomas, on brief), for appellee.
Russell.
Cited by 24 opinions  |  Published
RUSSELL, J.,

delivered the opinion of the Court.

[*292] This workers’ compensation appeal raises the question whether the “reasonable and necessary vocational rehabilitation training services” provided for by Code § 65.1-88 * include a four-year college course.

Haskel W. Colegrove, the claimant, suffered a serious compensable back injury in 1978 while working as a laborer on a refuse-collecting truck for the City of Salem. The City’s insurance carrier paid for extensive medical treatment, including a spinal fusion. In July 1979, Dr. Robert A. Pruner, a physician chosen by the carrier, examined the claimant with respect to his fitness for selective work. Dr. Pruner reported:

[I]t is not realistic to expect this patient ever to return to any type of heavy work which requires significant lifting, bending, or stooping maneuvers. My suggestion would be that he get into some type of job retraining program through the Department of Vocational Rehabilitation so that he can be trained to do some type of work which would avoid the above mentioned limitations.

Other treating physicians confirmed the claimant’s continuing physical disability and suggested that he turn to a sedentary occupation. He was directed to avoid heavy lifting, stooping, or straining. The City’s carrier engaged a private rehabilitation consultant to study the case, but there is no evidence that the claimant was ever offered light work or vocational retraining at the expense of the City or its carrier.

The claimant, on his own initiative, applied to the Virginia Department of Rehabilitative Services for assistance. That state agency paid part of his tuition at Virginia Western Community College, where he entered a computer science program in January 1980. He also received a subsistence allowance from the Veteran’s Administration under the “G.I. Bill” and worked part-time at two desk jobs. In March 1982, he transferred to Virginia Polytechnic Institute and State University (V.P.I.) at Blacksburg, Virginia. This change required him to commute seventy-eight miles each day, which left him insufficient daily time to operate the computer terminals at V.P.I. As a result, he changed his major from com[*293] puter science to accounting. He testified that his course of study was at all times approved by the Department of Rehabilitative Services as appropriate for him. It is clear from the record that his course of study leads to an occupation which, in the opinion of the treating physicians, is within his physical capability.

In addition to medical care and partial incapacity payments, the carrier voluntarily paid the claimant a cost-of-living supplement from the date of the accident until his return to part-time work in December 1979. Medical expenses and partial incapacity compensation were thereafter paid until the fall of 1982, when the claimant applied to the carrier for assistance with his educational expenses. This resulted in a voluntary payment by the carrier of partial tuition, the cost of books, and $100.00 toward transportation expenses. On December 9, 1982, the claimant wrote to the carrier, requesting additional transportation expenses relating to his educational program. The carrier made no further payments, but referred the matter to the Industrial Commission.

In March 1983, after a hearing, Deputy Commissioner Yates directed the City and its carrier to pay the claimant reasonable and necessary educational expenses, retroactive to July 1979, including the necessary transportation expenses associated therewith, and statutory cost-of-living adjustments. The full commission, upon review, affirmed the award in July 1983, except with respect to the issue of cost-of-living adjustments, which was remanded to the hearing level for further evidence.

On appeal, the City and carrier argue that, under the facts of this case, the language of Code § 65.1-88 cannot properly be read to include a four-year college education, including transportation costs, as “reasonable and necessary vocational rehabilitation training services.” The claimant argues that the City and carrier are estopped from making this argument because of their payment for part of his tuition, books, and transportation in the fall of 1982.

The question whether “reasonable and necessary vocational rehabilitation training services” authorized by Code § 65.1-88, as applied to a particular claimant’s case, include a college education, is a mixed question of law and fact. The Industrial Commission’s determination of such questions is not binding upon us. Iron Company v. Jenkins, 207 Va. 399, 403, 150 S.E.2d 120, 123 (1966).

[*294] We defined the significant terms of the statutory phrase in question here in Low Splint Coal Co. v. Bolling, 224 Va. 400, 297 S.E.2d 665 (1982):

The kind of services within the meaning of the paragraph is assistance by competent teachers or therapists to enable a disabled employee to learn a new skill to prepare him for reemployment.

Id. at 406-07, 297 S.E.2d at 668.

“Vocational” means “of, relating to, or being in training in a specific skill or trade . . . .” “Rehabilitation” is “the process of restoring an individual ... to a useful and constructive place in society through some form of vocational ... or therapeutic retraining . . . .”

Id. at 407, 297 S.E.2d at 668, n. 2 (emphasis added) (citation omitted).

The Supreme Judicial Court of Maine, in Lancaster v. Cooper Industries, 387 A.2d 5, 9 (Me. 1978), observed that the purpose of vocational rehabilitation in workers’ compensation law is twofold: to restore the employee to gainful employment and to relieve the employer’s burden of future compensation. The court, in that case, suggested certain standards for the determination of the appropriateness of any proposed program of vocational rehabilitation, which included “the relative costs and benefits to be derived from the program.” Id., 387 A.2d at 9.

The four-year program of college education embarked upon by the claimant in this case, viewed in the light of the foregoing standards, falls far outside the terms of the Virginia statute as we defined them. Rather than retraining the claimant for a “specific skill or trade,” as required by our ruling in Low Splint Coal Co., it undertakes to expand the claimant’s occupational horizons to embrace a wide range of business, industrial, and professional callings. While such self-improvement is highly laudable, particularly in view of the claimant’s independent quest for it, unaided by the employer or carrier, it is outside the range of benefits provided by the General Assembly. It fails to meet the “reasonable and necessary” standard of Code § 65.1-88 when any fair consideration is given to “the relative costs and benefits to be derived from the program.”

[*295] The claimant further argues, however, that the employer and carrier are estopped from denying the compensability of his educational program because of the carrier’s voluntary payment of part of his expenses at V.P.I. in the fall of 1982. We do not agree. In the absence of fraud, elements necessary to establish an equitable estoppel are a representation, reliance, a change of position, and detriment. T ... v. T 216 Va. 867, 873, 224 S.E.2d 148, 152 (1976). The claimant has shown none of those elements here. See also Stuart Circle Hosp. v. Alderson, 223 Va. 205, 288 S.E.2d 445 (1982) (carrier’s voluntary payment of compensation to claimant did not estop it from relying on the statute of limitations as a bar to compensation).

For the foregoing reasons, the award will be reversed and the case remanded to the Industrial Commission for further proceedings consistent with this opinion.

Reversed and remanded.

*

Code § 65.1-88 (Repl. Vol. 1980) provides in pertinent part: “The employer shall also furnish or cause to be furnished, at the direction of the Industrial Commission, reasonable and necessary vocational rehabilitation training services.”