Fairfax County School Board v. Rose

DUFF, Judge.

Fairfax County School Board (“employer”) appeals the Workers’ Compensation Commission’s decision granting the change in condition application of Ellen M. Rose (“claimant”). Employer contends the commission erred in: (1) finding that claimant effectively cured her prior unjustified refusal of necessary medical attention; (2) finding that claimant timely cured her prior refusal of medical care; and (3) relying upon an unpublished opinion of this Court. For the following reasons, we reverse.

I

On March 20, 1991, claimant sustained an injury by accident to her back in the course of her…