COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Benton and Overton
Argued at Norfolk, Virginia
VIRGINIA DEPARTMENT OF TRANSPORTATION
Record No. 1145-96-1
FRANKLIN D. MEADE
MEMORANDUM OPINION * BY
JUDGE JAMES W. BENTON, JR.
NOVEMBER 26, 1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Ingrid E. Olson, Assistant Attorney General
(James S. Gilmore, III, Attorney General;
Gregory Lucyk, Senior Assistant Attorney
General, on brief), for appellant.
Karen M. Rye (Melody L. Cockrell, on brief),
The Virginia Department of Transportation appeals from a
decision of the Workers' Compensation Commission denying the
Department's request to suspend an award of compensation to
Franklin D. Meade.
The Department raises three issues, which
collectively assert that Meade was ineligible for workers'
compensation benefits because Meade was receiving "wages"
pursuant to the Workforce Transition Act.
For the reasons cogently stated in Department of Transp. v.
Swiney, ___ Va. App. ___, ___ S.E.2d ___ (1996), we hold that
payments made pursuant to the Workforce Transition Act are not
"wages" for purposes of the Workers' Compensation Act.
payments made [to Meade] pursuant to the [Workforce Transition
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
Act] agreement . . . were not for work performed or services
rendered to [the Department] in anticipation of compensation, but
were to induce [Meade] not to perform work for [the Department]."
Id. at ___, ___ S.E.2d at ___.
Accordingly, we affirm the
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