Opinion
Record No. 2280-92-4
July 20, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Barbara J. Balogh (Ralph L. Whitt, Jr.; Sands, Anderson, Marks Miller, on brief), for appellants.
No brief or argument for appellee.
Present: Judges Barrow, Coleman and Koontz.
Argued at Alexandria, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
In this appeal from a decision of the Workers' Compensation Commission, we hold that credible evidence supports the commission's finding that the employee was totally disabled from September 7, 1990 through May 21, 1991, and affirm its decision.
The form memorandum of July 25, 1991 from Dr. Wise's office is a medical report admissible as evidence in hearings before the Commission. See Commission Rule 1(F)(2). Medical reports include disability slips or copies of any medical report furnished by the physician attending the employee. Commission Rule 17(A)(5); Code § 65.2-604.
This form memorandum constitutes credible medical evidence of the employee's total disability through May 21, 1991. Therefore, because this and other credible evidence support the commission's finding that the employee was totally disabled from July 16, 1990 through May 21, 1991, this finding is binding upon our court. Code § 65.2-706; Goodyear Tire Rubber Co. v. Watson, 219 Va. 830, 833, 252 S.E.2d 310, 312 (1979); Jules Hairstylists, Inc. v. Galanes, 1 Va. App. 64, 68, 334 S.E.2d 592 (1985).
Because the commission found that the employee was totally disabled through May 21, 1991, the employee had no duty to market his capacity to work during this period.
Accordingly, the decision of the commission is affirmed.
Affirmed.