Young signed a Work Capabilities form for Anderson, on which only certain sections were completed. He was awarded total temporary disability benefits from June 30 through August 21, 2005, and from October 12, 2006, and continuing. Anderson suffered a compensable back injury on June 29, 2005. On appeal from a decision of the commission, we view the evidence in the light most favorable to the party prevailing below and grant to that party the benefit of all reasonable inferences. ** Pursuant to Code § 17.1-413, this opinion is not designated for publication. Is any asserted error regarding a valid work release waived because that assignment of error was not included in appellants brief as required by Rule 5A:20(c)? Counsel for both parties presented argument by teleconference addressing these questions and the issues raised in the briefs. Assuming the commission held the employee was not medically released to work, how does that finding affect arguments presented in the briefs on appeal? and 2. We also requested counsel for both parties respond to the following questions: 1. Anderson s counsel filed a motion requesting an extension of time to present argument, which we granted. Although counsel for Homescapes appeared and presented argument, the argument was not recorded. 1 Anderson s counsel failed to appear for the oral argument in Richmond. * Justice McClanahan prepared and the Court adopted the opinion in this case prior to her investiture as a Justice of the Supreme Court of Virginia. (Anderson) unjustifiably refused to cooperate with vocational rehabilitation services. and its insurer (collectively Homescapes ) appeal a decision of the Workers Compensation Commission finding Homescapes failed to prove Stephen Bruce Anderson, Jr. McKeen (Tomlin & McKeen, PLLC, on brief), for appellee.
Ferrell Newman (Newman & Wright, RLLP, on brief), for appellants. FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION R. McCLANAHAN AUGSTEPHEN BRUCE ANDERSON, JR. MEMORANDUM OPINION ** BY JUDGE ELIZABETH A. AND COMMONWEALTH CONTRACTORS GROUP SELF-INSURANCE ASSOCIATION v. COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judge McClanahan* and Senior Judge Clements Argued at Richmond, Virginia and by teleconference1 HOMESCAPES, LTD.
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