Opinion
Record No. 1356-92-4
June 22, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
(Thomas C. Palmer, Jr.; Brault, Palmer, Grove, Zimmerman, White Mims, on brief), for appellant.
(James E. Swiger; Swiger Cay, on brief), for appellee.
Present: Judges Baker, Bray and Fitzpatrick.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
The employer challenges the decision of the Virginia Workers' Compensation Commission (commission) that awarded claimant certain benefits under the Virginia Workers' Compensation Act (Act), arguing that claimant "unjustifiably refused medical treatment." See Code § 65.2-603(B).
The commission concluded that "claimant did not unjustifiably refuse medical treatment by seeking a higher degree of care." This determination constituted a factual finding by the commission and is "binding on appeal" if "supported by credible evidence." Chesapeake Masonry Corp. v. Wiggington, 229 Va. 227, 229-30, 327 S.E.2d 121, 122 (1985); see also Code § 65.2-706.
Our examination of this record discloses ample, credible evidence to support the commission's action and, therefore, we affirm its decision.
Affirmed.