Opinion
Record No. 1853-08-3.
December 23, 2008.
Appeal from the Virginia Workers' Compensation Commission.
(Richard M. Reed; Semmes, Bowen Semmes, P.C., on brief), for appellants.
(Robert L. Morrison, Jr.; Williams, Morrison, Light Moreau, on brief), for appellee.
Present: Judges Humphreys, Beales and Powell.
MEMORANDUM OPINION BY
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Big Lots Stores, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that (1) employer failed to prove Gladys Delaine Moore (claimant) refused recommended medical treatment; and (2) claimant proved she was temporarily totally disabled beginning August 24, 2006 and continuing. 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 Moore v. Big Lots Stores, Inc., VWC File No. 223-02-61 (June 26, 2008). 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.
As noted by the commission in its opinion, the parties stipulated that claimant cured her alleged failure to cooperate with recommended medical treatment on August 29, 2007.
Affirmed.