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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74456</law_id><section_number>65.2-510</section_number><catch_line>Refusal of employment; compensation for partial incapacity</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>65.2-502</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="65.2">Workers' Compensation</unit><unit label="chapter" level="2" order_by="1" identifier="5">Compensation and Payment Thereof</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> If an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in &#xA7;&#xA7; <a class="law" title="Permanent loss" href="/65.2-503/">65.2-503</a> and <a class="law" title="Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept" href="/65.2-603/">65.2-603</a>, excluding vocational rehabilitation services provided for in subdivision A 3 of &#xA7; <a class="law" title="Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept" href="/65.2-603/">65.2-603</a>, during the <span class="dictionary">continuance</span> of such refusal, unless in the <span class="dictionary">opinion</span> of the <span class="dictionary">Commission</span> such refusal was justified. <a id="paragraph-267593" class="section-permalink" href="https://vacode.org/65.2-510/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If an injured employee cures his unjustified refusal by accepting employment suitable to his capacity at a wage less than that originally offered, the <span class="dictionary">employer</span> shall pay or cause to be paid to the injured employee during his partial incapacity pursuant to &#xA7; <a class="law" title="Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants" href="/65.2-502/">65.2-502</a>, a weekly compensation equal to 66 2/3 percent of the difference between his average weekly wages before his <span class="dictionary">injury</span> and the average weekly wage the employee would have earned by accepting the original proffered light duty employment. <a id="paragraph-267594" class="section-permalink" href="https://vacode.org/65.2-510/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> 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. <a id="paragraph-267595" class="section-permalink" href="https://vacode.org/65.2-510/#C"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 65-60; 1968, c. 660, &#xA7; 65.1-63; 1991, c. 355; 1995, c. 319; 1996, c. 252.</history><metadata></metadata></law>
