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DISABILITY

No Presumption of Continuing Disability. There is no presumption in the law that once a disability has been established, a claimant will be assumed to remain disabled for an indefinite period of time. To the contrary, a party seeking compensation bears the burden of proving his disability and the periods of that disability. Marshall Erdman & Assocs., Inc. v. Loehr, 24 Va. App. 670, 679, 485 S.E.2d 145, 149 (1997).

On May 19, 1998, claimant's doctor discharged claimant and instructed him to return to his "normal activity," except for some minor protective measures for his left hand which he had injured in a compensable accident. The commission, as fact finder, could reasonably infer that claimant was no longer totally disabled as of May 19, 1998. David R. Birmingham, Jr. v. Century Concrete, Inc., Record No. 0219-99-4 (June 8, 1999). WP Version.

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