Virginia Code

Va. Code Ann. § 65.2-510 (2026)

Refusal of employment; compensation for partial incapacity

✓ current as of May 2026

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A. If an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in §§ 65.2-503 and 65.2-603, excluding vocational rehabilitation services provided for in subdivision A 3 of § 65.2-603, during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified.

B. If an injured employee cures his unjustified refusal by accepting employment suitable to his capacity at a wage less than that originally offered, the employer shall pay or cause to be paid to the injured employee during his partial incapacity pursuant to § 65.2-502, a weekly compensation equal to 66 2/3 percent of the difference between his average weekly wages before his injury and the average weekly wage the employee would have earned by accepting the original proffered light duty employment.

C. A cure of unjustified refusal pursuant to subsection A may not be established if the unjustified refusal lasts more than six months from the last day for which compensation was paid before suspension pursuant to this section; however, the six-month period may be extended by the number of days a claimant is totally disabled if the disability commenced during such six-month period. When an injured employee is precluded from accepting employment as a result of pregnancy, the six-month period for curing the refusal may be tolled during such period as a physician certifies medical disability.

Code 1950, § 65-60; 1968, c. 660, § 65.1-63; 1991, c. 355; 1995, c. 319; 1996, c. 252.

Notes of Decisions

Cited in 88 cases, 1992–2019 · leading case: Dowden v. Hercules, Inc., 655 S.E.2d 755 (Va. Ct. App. 2008).

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Dowden v. Hercules, Inc., 655 S.E.2d 755 (Va. Ct. App. 2008). · cites it 130× “2-510(A) and that claimant did not effectuate a cure within six months from the date of his retirement as required by Code § 65.2-510(0, the deputy commissioner granted employer’s application and denied claimant’s change-in-condition application.”

Hillcrest Manor Nursing Home v. Underwood, 542 S.E.2d 785 (Va. Ct. App. 2001). · cites it 18× ““Code § 65.2-510 was enacted ... to encourage employers to procure employment suitable to partially incapacitated employees.”

King William Cnty. & Virginia Ass'n of Counties Grp. v. Linda Jones, 789 S.E.2d 133 (Va. Ct. App. 2016). · cites it 28× “The Metro Machine Cases In Lamb, a claimant who was under medical restrictions caused by a prior, compensable accident sought wage benefits when he, along with other employees, was laid off “from selective employment, due to the employer’s loss of Navy ship repair work” and…”

Shenandoah Motors, Inc. v. Smith, 672 S.E.2d 127 (Va. Ct. App. 2009). · cites it 50× “In reaching that decision, the commission concluded that claimant’s post-injury termination from full-duty employment with employer, even if that termination was for cause, did not bar her, under Code § 65.2-510, from receiving post-termination partial disability benefits,…”

Tumlin v. Goodyear Tire & Rubber Co., 444 S.E.2d 22 (Va. Ct. App. 1994). · cites it 23× “The issue presented in this appeal is whether Code § 65.2-510 (formerly Code § 65.1-63) and our decision in Murphy v.”

Sw. Virginia Tire, Inc. v. Bryant, 525 S.E.2d 563 (Va. Ct. App. 2000). · cites it 24× “After a hearing, the commission found that Bryant had unjustifiably refused light-duty work suitable to his capacity and suspended his benefits pursuant to Code § 65.2-510 as of April 21, 1996, the last day for which compensation had been paid.”

Dowden v. Hercules, Inc., 644 S.E.2d 93 (Va. Ct. App. 2007). · cites it 251× “A majority of the full commission disagreed with claimant, holding that the employment an injured worker procures "must be at a wage comparable to that of the previously refused position" to constitute a cure under Code § 65.2-510. Accordingly, the commission affirmed the deputy…”

M & S Auto Parts, Inc. v. Presgraves, 611 S.E.2d 655 (Va. Ct. App. 2005). · cites it 24× “ANALYSIS Employer concedes that the question presented in this case — the impact of Code § 65.2-510 on an injured employee who is terminated for cause while working in his pre-injury employment and subsequently becomes partially disabled — is one of first impression.”

Artis v. Ottenberg's Bakers, Inc., 608 S.E.2d 512 (Va. Ct. App. 2005). · cites it 4× “The employee is responsible for that loss and not the employer.”

Clements v. Riverside Walter Reed Hosp., 578 S.E.2d 814 (Va. Ct. App. 2003). · cites it 11× “Under Code § 65.2-510: A. If an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in §§ 65.”

Food Lion, Inc. v. Newsome, 515 S.E.2d 317 (Va. Ct. App. 1999). · cites it 16× “On appeal, Food Lion argues that although Newsome marketed his residual capacity, he should be denied benefits because he had previously been terminated for cause from the selective employment that Food Lion had provided.”

Newport News Shipbuilding & Dry Dock Co. v. Lawrence, 568 S.E.2d 374 (Va. Ct. App. 2002). · cites it 10× “” The commission also held that the six-month period for curing a refusal of selective employment under Code § 65.2-510 begins when the employer files its application for hearing.”

Show all 88 citing cases →

— Va. Code Ann. § 65.2-510(A) — 26 cases

King William Cnty. & Virginia Ass'n of Counties Grp. v. Linda Jones, 789 S.E.2d 133 (Va. Ct. App. 2016). “The Metro Machine Cases In Lamb, a claimant who was under medical restrictions caused by a prior, compensable accident sought wage benefits when he, along with other employees, was laid off “from selective employment, due to the employer’s loss of Navy ship repair work” and…”

Shenandoah Motors, Inc. v. Smith, 672 S.E.2d 127 (Va. Ct. App. 2009). “In reaching that decision, the commission concluded that claimant’s post-injury termination from full-duty employment with employer, even if that termination was for cause, did not bar her, under Code § 65.2-510, from receiving post-termination partial disability benefits,…”

Hillcrest Manor Nursing Home v. Underwood, 542 S.E.2d 785 (Va. Ct. App. 2001). ““Code § 65.2-510 was enacted ... to encourage employers to procure employment suitable to partially incapacitated employees.”

Dowden v. Hercules, Inc., 655 S.E.2d 755 (Va. Ct. App. 2008). “2-510(A) and that claimant did not effectuate a cure within six months from the date of his retirement as required by Code § 65.2-510(0, the deputy commissioner granted employer’s application and denied claimant’s change-in-condition application.”

M & S Auto Parts, Inc. v. Presgraves, 611 S.E.2d 655 (Va. Ct. App. 2005). “ANALYSIS Employer concedes that the question presented in this case — the impact of Code § 65.2-510 on an injured employee who is terminated for cause while working in his pre-injury employment and subsequently becomes partially disabled — is one of first impression.”

— Va. Code Ann. § 65.2-510(B) — 11 cases

Dowden v. Hercules, Inc., 644 S.E.2d 93 (Va. Ct. App. 2007). “A majority of the full commission disagreed with claimant, holding that the employment an injured worker procures "must be at a wage comparable to that of the previously refused position" to constitute a cure under Code § 65.2-510. Accordingly, the commission affirmed the deputy…”

Clements v. Riverside Walter Reed Hosp., 578 S.E.2d 814 (Va. Ct. App. 2003). “Under Code § 65.2-510: A. If an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in §§ 65.”

Downen v. Hercules, Inc., 50 Va. App. 111 (Va. Ct. App. 2007).

— Va. Code Ann. § 65.2-510(C) — 11 cases

Sw. Virginia Tire, Inc. v. Bryant, 525 S.E.2d 563 (Va. Ct. App. 2000). “After a hearing, the commission found that Bryant had unjustifiably refused light-duty work suitable to his capacity and suspended his benefits pursuant to Code § 65.2-510 as of April 21, 1996, the last day for which compensation had been paid.”

Newport News Shipbuilding & Dry Dock Co. v. Lawrence, 568 S.E.2d 374 (Va. Ct. App. 2002). “” The commission also held that the six-month period for curing a refusal of selective employment under Code § 65.2-510 begins when the employer files its application for hearing.”

Newport News Shipbuilding & Dry Dock Co. v. Barnes, 526 S.E.2d 298 (Va. Ct. App. 2000).

Hoy Constr., Inc.& Liberty Mut. v. Flenner, 528 S.E.2d 148 (Va. Ct. App. 2000).

— Va. Code Ann. § 65.2-510(a) — 2 cases

Worksaver Material Handling v. Robert L. Epps (Va. Ct. App. 2003).

Skip's Auto Parts v. Douglas Harrison Cline (Va. Ct. App. 2002).

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