Biafore v. Kitchin Equipment Co. of Virginia, Inc.

Opinion

BENTON, J.

The commission suspended Ronald L. Biafore’s compensation because he refused surgery that the commission found to be reasonable and necessary. Biafore contends on this appeal that the commission erred (1) in finding that he could not refuse surgery proposed by the employer’s examining physician, and (2) in focusing upon whether the surgery was reasonable and necessary, instead of whether his refusal was unjustified. For the reasons that follow, we reverse the decision to suspend compensation and remand this case to the commission for reconsideration.

I

The evidence proved that…