Linda Julia Miller v Laubscher, etc., et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Coleman and Willis
LINDA JULIA MILLER
v. 	Record No. 0855-95-4 	MEMORANDUM OPINION*
PER CURIAM
LAUBSCHER, PRESTA & LAUBSCHER 	SEPTEMBER 19, 1995
AND
STATE FARM FIRE & CASUALTY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Robert B. Adams; Ashcraft & Gerel, on brief), for
appellant.
(Ruth N. Carter; Midkiff & Hiner, on brief), for
appellees.
Linda Julia Miller contends that the Workers' Compensation
Commission erred in suspending her compensation benefits. 	Upon
reviewing the record and the briefs of the parties, we conclude
that this appeal is without merit. 	Accordingly, we summarily
affirm the commission's decision. 	Rule 5A:27.
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
On appeal, we view the evidence in the light most favorable
to the employer, the prevailing party below. 	R.G. Moore Bldg.
Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788
(1990). 	Factual findings made by the commission must be upheld
by this Court if supported by credible evidence. 	James v.
Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 833,
835 (1989).
Miller argues that the record contains no credible evidence

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that she failed to cooperate with employer's vocational
rehabilitation efforts. 	In granting employer's application
seeking to suspend Miller's compensation benefits, the commission
found as follows:
We do not find that [Miller] cooperated
with rehabilitation efforts. 	According to
the treating physician, Dr. [Khosrow] Matini,
[Miller] had the ability to perform sedentary
work, including writing with a pencil,
pushing buttons, and driving a standard shift
automobile. 	Yet [Miller] has portrayed
herself to potential employers as essentially
unemployable, thus sabotaging efforts to find
employment. 	It appears from the record that
[Miller] was unwilling to attempt even a
part-time job allowing her to work on the
telephone at home scheduling truck pick-ups.
The commission's findings are supported by Dr. Matini's
medical reports and the testimony of the rehabilitation
consultant, Patricia Wendy Held. 	Therefore, those findings are
binding and conclusive upon us on appeal. 	Accordingly, we affirm
the commission's decision to suspend benefits until Miller
demonstrates a good faith effort to cooperate with rehabilitation
efforts.
Affirmed.