concurring.
I concur with the decision of the majority to affirm the commission’s decision, but I do not join in the rationale of the opinion. This Court established the doctrine of de facto awards in National Linen Service v. McGuinn, 5 Va.App. 265, 362 S.E.2d 187 (1987). The decision has not been altered or repealed by the General Assembly. The doctrine is a creature of case law not statutory law. It serves no purpose to apply to case law precedent construing statutes and testing whether they are too vague and indefinite.