City of Danville v. Larry Bobby Gene Barton

COURT OF APPEALS OF VIRGINIA
Present: Judges Beales, Russell and Senior Judge Frank
UNPUBLISHED
CITY OF DANVILLE
MEMORANDUM OPINION*
v. Record No. 0620-16-4 PER CURIAM
AUGUST 9, 2016
LARRY BOBBY GENE BARTON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(James A. L. Daniel; Daniel, Medley & Kirby, P.C., on briefs), for
appellants.
(Michael A. Kernbach, on brief), for appellee.
The City of Danville appeals a decision of the Workers’ Compensation Commission
finding that Larry Barton’s benefits should not be terminated. The City contends the
Commission erred by finding that (1) Barton’s vocational rehabilitation counselor did not
reasonably provide jobs appropriate to his residual capacity; (2) Barton did not refuse to
cooperate with vocational rehabilitation efforts; (3) the City should not be credited Barton’s
bonus pay from dissimilar employment which he directed to be paid to his spouse; and (4) the
City should not be credited additional hours Barton worked in dissimilar employment since his
employment with the City had ceased. 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 Barton v. City of Danville, VWC File No.
VA00000300287 (Mar. 18, 2016). 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.
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