Partially Disabled and Religious: Virginia Workers\u27 Compensation and the Free Exercise Clause

The Virginia Workers\u27 Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that [i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified. Essentially, unjustified refusal of selective employment within the employee\u27s work capacity results in a suspension in wage loss benefits until the employee cures the refusal by either accepting the offered job or finding employment on his or her own