‘Old-School’ Job Search Secures Lost Wages for Injured Worker

February 8, 2025 | JacobiJournal.com — An injured 60-year-old service technician secured lost wages after a Virginia Workers’ Compensation Commission (VWCC) panel ruled in his favor. His employer and workers’ compensation insurer argued that his job search lacked effort, but the commission found his approach reasonable given his circumstances.

Worker’s Injury and Return to Light Duty

Lost Wages for Injured Worker: Mark Shumate, a senior maintenance technician at a manufacturing company, sustained injuries while moving pallets on October 27, 2023. He suffered neck, right shoulder, right hand, and right leg injuries. Both parties agreed the incident was a compensable workplace accident, entitling him to medical benefits and temporary total disability payments.

In January 2024, Shumate returned to light-duty work with his employer accommodating his restrictions, which included a 15-pound lifting limit, no bending or pushing, and scheduled breaks. However, in May 2024, he was laid off, prompting a job search to qualify for wage loss benefits.

Dispute Over Job Search Efforts

Shumate, who described himself as “old-school” with no computer skills, approached his job search traditionally. He researched potential jobs by calling friends and checking phone directories. Each Friday, he contacted five employers and extended his search across seven communities.

He avoided industrial maintenance positions due to physical demands but sought supervisory roles and other maintenance-related work. Despite his persistence, he did not receive job offers.

The employer and insurer argued his job search was inadequate, pointing out that he only contacted five employers weekly, didn’t utilize online job searches or newspapers, and registered with the Virginia Employment Commission four months late. They claimed he merely “went through the motions” rather than making a serious effort to find employment.

VWCC Ruling and Justification

A VWCC deputy commissioner ruled in favor of Shumate, affirming his consistency and sincerity in job hunting. The deputy commissioner acknowledged imperfections in his search but found it reasonable given his background and lack of digital literacy.

“In the end, Mr. Shumate’s job search was neither perfect nor even successful, but it was reasonable—a consistent, good-faith effort to find suitable work,” the ruling stated.

The employer and insurer appealed the ruling, but the three-member VWCC panel upheld the decision. The commission considered multiple factors, including Shumate’s age, experience, education, physical limitations, job market conditions, and intent. They concluded that his search was genuine and aligned with his physical capabilities.

The VWCC emphasized that Shumate’s job search efforts, though unconventional, demonstrated a genuine attempt to mitigate his wage loss. His focus on maintenance-related jobs, despite shifting to lighter roles, was seen as a reasonable approach.

Employer’s Right to Appeal

The employer still has the option to appeal the decision to the Virginia Court of Appeals. However, the VWCC’s ruling highlights that a claimant’s job search doesn’t have to be flawless—only reasonable and in good faith.

Read the full ruling from the Virginia Workers’ Compensation Commission.

The Virginia workers’ compensation dispute involving injured maintenance technician Mark Shumate remains relevant to determining when an injured employee has made a reasonable effort to secure suitable employment while seeking lost wage benefits. Shumate, who was 60 years old when his claim was reviewed, had sustained multiple injuries in an October 2023 workplace accident and subsequently returned to restricted duties before being laid off in May 2024. His employer and workers’ compensation insurer challenged his eligibility for continued wage replacement, arguing that his traditional job-search methods were insufficient.

Shumate relied on telephone calls, personal contacts, and employer directories rather than internet applications, contacting approximately five prospective employers each week. The Virginia Workers’ Compensation Commission ultimately upheld a finding that his efforts were reasonable under the circumstances, considering his age, employment background, medical limitations, and lack of computer skills. As of October 2026, the publicly available materials reviewed do not establish that the Virginia Court of Appeals subsequently reversed the Commission’s decision or that a later ruling modified Shumate’s benefits.

The Virginia Workers’ Compensation Commission’s current Marketing Guidelines continue to provide important context for understanding the outcome. Under those guidelines, an injured worker who remains partially disabled and is capable of performing light-duty work generally must make a good-faith effort to find suitable employment when the worker is not already covered by an open award for the benefits being sought. The Commission considers several factors, including the nature and extent of the disability, the employee’s age, training, education, previous work experience, the availability of suitable jobs, and the overall extent of the employment search.

The guidelines explain that, in most cases, a reasonable effort is presumed when an injured worker registers with the Virginia Employment Commission within a reasonable period, directly contacts at least five potential employers each week, and contacts the previous employer about available light-duty work when appropriate. Importantly, the guidelines recognize that employer contacts may occur through personal visits, telephone calls, internet applications, mail, or employment agencies, depending on the type of position being sought. This approach supports individualized evaluations rather than automatically rejecting traditional job-search methods.

The Commission also emphasizes the importance of maintaining accurate records of employment searches. Injured workers are encouraged to document the names and locations of prospective employers, the dates of contact, the methods used, and the results of each inquiry. When applications are submitted online, supporting confirmation records and employer correspondence can help establish that the search was genuine. Workers with specialized occupational experience may initially focus on positions related to their previous employment, provided those jobs are compatible with their medical restrictions. However, the Commission advises that an unsuccessful search should eventually expand beyond the worker’s former field.

These standards are particularly relevant for older employees, individuals with limited digital literacy, and workers whose injuries prevent them from returning to physically demanding occupations. The Shumate dispute illustrates that a job search does not necessarily have to produce an offer of employment to demonstrate good faith. Nevertheless, the adequacy of any particular search remains a fact-specific determination, and five weekly employer contacts should not be interpreted as an automatic guarantee of benefits. For injured workers and claims administrators, the Commission’s guidance reinforces the importance of reasonable employment efforts, reliable documentation, and careful consideration of individual circumstances when evaluating lost wage claims.

For additional information, review the Virginia Workers’ Compensation Commission’s official Marketing Guidelines for injured workers seeking light-duty employment.

FAQs: About the Lost Wages for Injured Workers

What does it mean to secure lost wages for an injured worker?

It means the worker is entitled to compensation for income lost while recovering, as determined by the Virginia Workers’ Compensation Commission.

How did the commission decide lost wages for the injured worker were justified?

They considered his age, lack of digital skills, medical restrictions, and consistent weekly job search as a reasonable effort to find employment.

Can employers appeal rulings on lost wages for injured workers?

Yes, in this case the employer can still appeal the decision to the Virginia Court of Appeals, though the VWCC panel upheld the worker’s claim.

Why is a job search important in lost wages cases for injured workers?

A good-faith job search shows the worker is making efforts to return to employment, which is often required to qualify for continued wage benefits.

Does workers’ compensation pay for lost wages?

Yes. Workers’ compensation can provide wage replacement for employees who cannot work due to a workplace injury. In Shumate’s case, the Virginia Workers’ Compensation Commission awarded lost wages because his job search was deemed reasonable and consistent.

How much compensation can you get for an injury at work?

Compensation varies depending on the severity of the injury, lost wages, medical expenses, and state-specific workers’ compensation rules. The VWCC evaluates each case individually, considering factors like job restrictions, age, and ability to earn comparable income.

Can I claim compensation for loss of earnings?

Yes. Employees may claim lost earnings if they are unable to perform their regular job duties due to a workplace injury. Demonstrating a good-faith job search is often required, as shown by Shumate’s case.

Do you get paid while injured?

Injured workers may receive temporary total disability benefits while recovering, which replaces a portion of their lost income. Payments continue until the employee can return to work or until a settlement or ruling determines otherwise.

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