S.W. Day Const. v. Coplon

Full title: S.W. DAY CONSTRUCTION CORPORATION AND PENNSYLVANIA GENERAL INSURANCE…

Court: Court of Appeals of Virginia

Date published: Jan 18, 2005

Record No. 1965-04-1 (Va. Ct. App. Jan. 18, 2005)

Opinion

Record No. 1965-04-1.

January 18, 2005.

Appeal from the Virginia Workers' Compensation Commission.

(Iris W. Redmond; Midkiff, Muncie Ross, P.C., on brief), for appellants.

(Alan P. Owens, on brief), for appellee.

Present: Judge McClanahan, Senior Judges Coleman and Annunziata

MEMORANDUM OPINION^_

_ Pursuant to Code § 17.1-413, this opinion is not designated for publication.

PER CURIAM.

S.W. Day Construction Corporation and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that employer failed to meet its burden of proving that Joel S. Coplon (1) refused to cooperate with vocational rehabilitation; and (2) unjustifiably refused a bona fide offer of selective employment. We have reviewed the record and the commission's opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Coplon v. S.W. Day Construction Corporation, VWC File No. 202-22-54 (Aug. 11, 2004). 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.

Affirmed.