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APPLE CONSTRUCTION CORP. v. SEXTON

Record No. 0819-04-4.

605 S.E.2d 351 (2004)

44 Va. App. 458

APPLE CONSTRUCTION CORPORATION and Erie Insurance Exchange v. Orn Billy SEXTON.

Court of Appeals of Virginia, Alexandria.

November 30, 2004.

Attorney(s) appearing for the Case

Daniel E. Lynch (John T. Cornett, Jr.; Williams & Lynch, Richmond, on brief), for appellants.

Diane C.H. McNamara for appellee.

Present: BENTON, BUMGARDNER and KELSEY, JJ.

KELSEY, Judge.

While on an open award for medical benefits, Orn Billy Sexton moved from Northern Virginia to Florida. Wanting to remain under the care of his Virginia treating physician, Sexton refused to accept the demand of his employer, Apple Construction Corporation, to choose a new physician in Florida. Having failed to convince the Workers' Compensation Commission to compel the change of physicians, Apple Construction appeals. We affirm the commission's decision...

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