Opinion
Record No. 1146-96-2
November 26, 1996
Appeal 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.
B. Mayes Marks, Jr., for appellee.
Present: Judges Baker, Benton and Overton.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Virginia Commonwealth University appeals from a decision of the Workers' Compensation Commission denying the University's request to suspend an award of compensation to Richard L. Edmunds. The University raises three issues, which collectively assert that Edmunds was ineligible for workers' compensation benefits because Edmunds 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. "The payments made [to Edmunds] pursuant to the [Workforce Transition Act] agreement . . . were not for work performed or services rendered to [the University] in anticipation of compensation, but were to induce [Edmunds] not to perform work for [the University]." Id. at ___, ___ S.E.2d at ___. Accordingly, we affirm the commission's decision.
Affirmed.