Payne v. Master Roofing and Siding, Inc.

Opinion

MOON, J.

James R. Payne seeks reversal of a decision by the Industrial Commission which denied him payment for emergency room treatment and subsequent care upon the grounds that no emergency existed when he entered the hospital. We reverse with instructions because the uncontradicted evidence shows that an emergency existed.

Code § 65.1-88 provides for treatment by an unauthorized physician in an “emergency” or “for other good reasons.” Generally, the Commission’s findings of fact are conclusive and binding on appeal, Code § 65.1-98, but where there is “no conflict in the evidence, the…