Don Lane Company/Lay Oak Company, Inc. v. Kenneth W. Dean ( 2004 )

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judges Frank and Clements DON LANE COMPANY/LAY OAK COMPANY, INC. AND ERIE INSURANCE EXCHANGE MEMORANDUM OPINION* v. Record No. 0386-04-2 PER CURIAM AUGUST 10, 2004 KENNETH W. DEAN FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Charles F. Midkiff; Angela C. Fleming; Midkiff, Muncie & Ross, P.C., on brief), for appellants. (William W. Tunner; Mark R. Colombell; Thompson & McMullan, P.C., on brief), for appellee. Don Lane Company/Lay Oak Company, Inc. and its insurer appeal a decision of the Workers’ Compensation Commission finding that Kenneth W. Dean (1) proved that he was totally disabled from gainful employment beginning November 23, 2001 and continuing due to his compensable April 20, 1998 injury by accident; (2) had no duty to market his residual work capacity; and (3) did not unjustifiably refuse medical treatment by failing to attend physical therapy appointments in February and March 2003. We have reviewed the record and the commission’s opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Dean v. Don Lane/Lay-Oak Company, Inc., VWC File No. 190-98-30 (Feb. 2, 2004). We dispense with oral argument and summarily affirm * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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-