COURT OF APPEALS OF VIRGINIA


Present:  	Chief Judge Fitzpatrick, Judges Frank and Clements


DARRYL ALLMOND
			MEMORANDUM OPINION*
v.	Record No. 0441-04-4	PER CURIAM
	JUNE 22, 2004
HOMEPLACE AND
 ROYAL INSURANCE COMPANY OF AMERICA


	FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

		(Darryl Allmond, pro se, on brief.)

		(Benjamin J. Trichilo; Saundra R. Mastro; Trichilo, Bancroft, 
McGavin, Horvath & Judkins, P.C., on brief), for appellees.

	Darryl Allmond (claimant) appeals a decision of the Workers' Compensation 
Commission denying his claim for benefits filed on January 31, 2003.  The commission found 
that (1) the deputy commissioner was not required to recuse herself from hearing the January 31, 
2003 claim for benefits; (2) claimant's claim for temporary total disability benefits through   
May 28, 2002 had been previously adjudicated; (3) claimant unjustifiably obstructed an 
examination by Dr. Robert O. Gordon, an orthopedic surgeon, resulting in the suspension of 
claimant's right to prosecute his January 31, 2003 claim; (4) claimant failed to prove that he 
cured his unjustified obstruction; and (5) even if his right to prosecute his claim were not 
suspended, he failed to prove a compensable change-in-condition entitling him to an award of 
disability benefits for the period beginning May 29, 2002 and continuing.  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 Allmond v. Homeplace, VWC File 
No. 205-78-70 (Jan. 20, 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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