Don Lane Company/Lay Oak Company, Inc., et al. v. Kenneth W. Dean

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.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
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

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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.