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Mary Washington Hospital and Healthcare Providers Group Self-Insurance Association v. Harrison

12/16/1997

uty commissioner found that claimant's total inability to work from October 28, 1995 through February 6, 1996, and her inability to work full time thereafter, was due to her psychiatric condition. That finding was neither appealed by employer nor reversed by the commission. See Dean, 16 Va. App. at 257, 430 S.E.2d at 551. When the commission reversed the deputy's refusal to consider Dr. Holden's responses and found that claimant's depression was causally related to her industrial injury, the established, uncontested facts were that claimant's condition prevented her from working between October 28, 1995 and February 6, 1996, and prevented her from working full time thereafter. Thus, it follows, without more, that claimant is entitled to temporary partial benefits continuing until it is otherwise proved she no longer suffers from a job-related condition that prevents her from returning to her pre-injury job.


Where reasonable inferences may be drawn from the record to support the commission's findings, they will not be disturbed by this Court on appeal. See Hawks v. Henrico Co. Sch. Bd., 7 Va. App. 398, 404, 374 S.E.2d 695, 698 (1988). The record contains credible evidence to support the commission's decision to award temporary partial disability beginning February 7, 1996 and continuing. See Manassas Ice & Fuel Co. v. Farrar, 13 Va. App. 227, 229, 409 S.E.2d 824, 826 (1991).


Accordingly, the judgment of the commission is affirmed.


Affirmed.






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