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SHAWNEE MANAGEMENT CORP. v. HAMILTON

Record No. 0434-96-3.

492 S.E.2d 456 (1997)

25 Va. App. 672

SHAWNEE MANAGEMENT CORPORATION and Liberty Mutual Insurance Company v. Rhonda C. HAMILTON.

Court of Appeals of Virginia, Richmond.

November 4, 1997.

Attorney(s) appearing for the Case

J. David Griffin, Winchester (Fowler, Griffin, Coyne & Coyne, P.C., on brief), for appellants.

George L. Townsend, Staunton (Chandler, Franklin & O'Bryan, on brief), for appellee.

Present: MOON, C.J., and BAKER, BENTON, COLEMAN, ELDER, BRAY, FITZPATRICK and OVERTON, JJ.

ELDER, Judge.

Shawnee Management Corporation (employer) appeals an order of the Workers' Compensation Commission awarding temporary total disability benefits to Rhonda C. Hamilton (claimant). Employer contends that the commission erred when it concluded that claimant's failure to entirely cease smoking cigarettes so that she could undergo back surgery was not a "refusal" of medical care under Code § 65.2-603(B). Employer also contends that the commission erred...

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