Davis v. Brown & Williamson Tobacco Co.

Opinion

COLEMAN, J.

The narrow issue presented in this appeal from the Industrial Commission’s denial of an award of compensation for work incapacity is whether the claimant’s cancellation of an appointment with his treating physician constituted a refusal of medical services under Code § 65.1-88. We hold that it did not and reverse.

Claimant suffered a back and groin injury at work on June 4, 1985. He immediately reported his injury at the nurses’ station, but, because he felt that he would improve without treatment, he declined to see the company doctor. However, by June 17, 1985, claimant’s…