Gary L. Poehler v. P. J. Dick, Inc. and American Zurich Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Beales and Senior Judge Annunziata
GARY L. POEHLER
MEMORANDUM OPINION*
v. 	Record No. 0617-09-4 	PER CURIAM
SEPTEMBER 8, 2009
P. J. DICK, INC. AND
AMERICAN ZURICH INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Gary L. Poehler, pro se, on briefs).
(Charles F. Midkiff; Rachel A. Riordan; Midkiff, Muncie & Ross,
P.C., on brief), for appellees.
On appeal from a decision of the Workers’ Compensation Commission, Gary L. Poehler
contends (1) the commission erred in finding that he unjustifiably refused a bona fide offer of
employment, (2) the commission erroneously relied on medical records from someone other than
his treating physician, and (3) employer misled the commission in explaining appellant’s
restrictions for light-duty work. P. J. Dick, Inc. and American Zurich Insurance Company
contend the commission did not err in concluding Poehler unjustifiably refused a bona fide offer
of light-duty employment. 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 Poehler v. PJ Dick, Inc., VWC File No. 223-66-09 (Feb. 27,
2009). We dispense with oral argument and summarily affirm because the facts and legal
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.