The Standard Companies, Inc. v. Brian K. Smith ( 2013 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, McCullough and Senior Judge Bumgardner
UNPUBLISHED
THE STANDARD COMPANIES, INC. AND
TRAVELERS INDEMNITY INSURANCE
COMPANY OF AMERICA
MEMORANDUM OPINION *
v. Record No. 2133-12-4 PER CURIAM
MARCH 5, 2013
BRIAN K. SMITH
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Michael E. Ollen; Law Offices of Roger S. Mackey, on brief), for
appellants.
(Lawrence J. Pascal; Ashcraft & Gerel, LLP, on brief), for appellee.
The Standard Companies, Inc. and Travelers Indemnity Insurance Company of America
(hereinafter referred to as employer) appeal an October 23, 2012 decision of the Workers’
Compensation Commission affirming a senior claims examiner’s determination that there was
not probable cause to refer employer’s application to the evidentiary hearing docket. Employer’s
application alleged Brian K. Smith (claimant) unreasonably refused medical treatment.
Employer contends the commission erred in finding 1) that there was insufficient probable cause
to support the refusal to submit employer’s application to the evidentiary docket, 2) that
employer is “precluded from a hearing on the issue of whether [claimant’s] surgery refusal for
unrelated neck condition is not an appropriate ground for evidentiary hearing,” and 3) that
claimant “did not willfully refuse medical treatment by refusing surgery for unrelated neck
condition keeping him out of work.”
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
We have reviewed the record and the commission’s opinion and find that this appeal is
without merit. Accordingly, we affirm for the reasons stated by the commission in its final
opinion. See Smith v. Standard Cos., VWC File No. JCN 234-14-68 (Oct. 23, 2012). We
dispense with oral argument and summarily affirm because the facts and legal contentions are
adequately presented in the materials before the Court and argument would not aid the decisional
process. See Code § 17.1-403; Rule 5A:27.
Affirmed.
-2-