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BIAFORE v. KITCHIN EQUIPMENT CO.

Record No. 0877-93-1.

445 S.E.2d 496 (1994)

Ronald L. BIAFORE v. KITCHIN EQUIPMENT COMPANY OF VIRGINIA, INC., and Virginia Contractors Group Self-Insured Association.

Court of Appeals of Virginia.

June 21, 1994.

Attorney(s) appearing for the Case

John H. Klein, Norfolk (Rutter & Montagna, on brief), for appellant.

Roger L. Williams, Richmond (Daniel E. Lynch, Williams, Butler & Pierce, on brief), for appellee.

Present: BAKER, BENTON and BRAY, JJ.

BENTON, Judge.

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...

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