Schwab Construction v. McCarter

DUFF, Senior Judge.

Schwab Construction and its insurer (collectively “employer”) contend the Workers’ Compensation Commission (“commission”) erred in finding that Bret Duane McCarter (“claimant”) justifiably refused medical treatment directed by Dr. Neil Kahanovitz. Pursuant to Rule 5A:21(b), claimant presents the additional question of whether the commission erred in ordering him to select a new physician from a panel offered by employer.

“Following established principles, we review the evidence in the light most favorable to the prevailing party.” R.G. Moore Bldg. Corp. v. Mullins, 10…