COURT OF APPEALS OF VIRGINIA


Present:  	Chief Judge Fitzpatrick, Judges Frank and Clements


DON LANE COMPANY/LAY OAK COMPANY, INC. AND
  ERIE INSURANCE EXCHANGE
			MEMORANDUM OPINION*
v.	Record No. 0386-04-2	PER CURIAM
	AUGUST 10, 2004
KENNETH W. DEAN


	FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

		(Charles F. Midkiff; Angela C. Fleming; Midkiff, Muncie & Ross, 
P.C., on brief), for appellants.

		(William W. Tunner; Mark R. Colombell; Thompson & McMullan, 
P.C., on brief), for appellee.




	Don Lane Company/Lay Oak Company, Inc. and its insurer appeal a decision of the 
Workers' Compensation Commission finding that Kenneth W. Dean (1) proved that he was 
totally disabled from gainful employment beginning November 23, 2001 and continuing due to 
his compensable April 20, 1998 injury by accident; (2) had no duty to market his residual work 
capacity; and (3) did not unjustifiably refuse medical treatment by failing to attend physical 
therapy appointments in February and March 2003.  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 Dean v. Don Lane/Lay-Oak Company, Inc., VWC 
File No. 190-98-30 (Feb. 2, 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.
* Pursuant to Code  17.1-413, this opinion is not designated for publication.
 

 
 


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