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DAVIS v. BROWN & WILLIAMSON TOBACCO CO.

Record No. 0122-86-2.

348 S.E.2d 420 (1986)

Russell W. DAVIS, v. BROWN & WILLIAMSON TOBACCO CO., et al.

Court of Appeals of Virginia.

September 16, 1986.

Attorney(s) appearing for the Case

B. Mayes Marks, Jr. (John C. Shea, Marks, Stokes & Harrison, Hopewell, on brief), for appellant.

Nathaniel S. Newman (Thompson, Smithers, Newman & Wade, Richmond, on brief), for appellee.

Panel: KOONTZ, C.J., and COLEMAN and HODGES, JJ.

COLEMAN, Judge.

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

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