Darryl Allmond v. Homeplace and Royal Insurance Company of America

COURT OF APPEALS OF VIRGINIA
Present: 	Chief Judge Fitzpatrick, Judges Frank and Clements
DARRYL ALLMOND
MEMORANDUM OPINION*
v. 	Record No. 0441-04-4 	PER CURIAM
JUNE 22, 2004
HOMEPLACE AND
ROYAL INSURANCE COMPANY OF AMERICA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Darryl Allmond, pro se, on brief.)
(Benjamin J. Trichilo; Saundra R. Mastro; Trichilo, Bancroft,
McGavin, Horvath & Judkins, P.C., on brief), for appellees.
Darryl Allmond (claimant) appeals a decision of the Workers’ Compensation
Commission denying his claim for benefits filed on January 31, 2003. The commission found
that (1) the deputy commissioner was not required to recuse herself from hearing the January 31,
2003 claim for benefits; (2) claimant’s claim for temporary total disability benefits through
May 28, 2002 had been previously adjudicated; (3) claimant unjustifiably obstructed an
examination by Dr. Robert O. Gordon, an orthopedic surgeon, resulting in the suspension of
claimant’s right to prosecute his January 31, 2003 claim; (4) claimant failed to prove that he
cured his unjustified obstruction; and (5) even if his right to prosecute his claim were not
suspended, he failed to prove a compensable change-in-condition entitling him to an award of
disability benefits for the period beginning May 29, 2002 and continuing. 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 Allmond v. Homeplace, VWC File
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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No. 205-78-70 (Jan. 20, 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.