S.W. Day Construction Corporation and Pennsylvania General Insurance Company v. Joel S. Coplon

COURT OF APPEALS OF VIRGINIA
Present: 	Judge McClanahan, Senior Judges Coleman and Annunziata
S.W. DAY CONSTRUCTION CORPORATION AND
PENNSYLVANIA GENERAL INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 1965-04-1 	PER CURIAM
JANUARY 18, 2005
JOEL S. COPLON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Iris W. Redmond; Midkiff, Muncie & Ross, P.C., on brief), for
appellants.
(Alan P. Owens, on brief), for appellee.
S.W. Day Construction Corporation and its insurer (hereinafter referred to as
“employer”) appeal a decision of the Workers’ Compensation Commission finding that employer
failed to meet its burden of proving that Joel S. Coplon (1) refused to cooperate with vocational
rehabilitation; and (2) unjustifiably refused a bona fide offer of selective employment. 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 Coplon v. S.W. Day
Construction Corporation, VWC File No. 202-22-54 (Aug. 11, 2004). 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.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.