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Falls Church Construction Corp. v. Valle12/12/1995
sserts that claimant failed to follow the examining physician's June 23, 1993 order to rest for two days, when claimant performed work duties and briefly played basketball the day after his injury. Falls Church Construction contends that these actions aggravated any underlying injury, adversely affected claimant's recovery, and prevented claimant from proving that his disability arose from a work-related cause.
We hold that although claimant failed to follow the attending physician's orders, Falls Church Construction presented no evidence that claimant's activities on June 24, 1993 adversely affected his recovery. Without such evidence, the commission
properly determined that it could not find that claimant obstructed his medical treatment or that his condition arose from a non-work-related cause. See Shelton v. Ennis Business Forms, Inc., 1 Va. App. 53, 55, 334 S.E.2d 297, 299 (1985)(holding compensation is denied where it is just as probable that disability arose from non-work-related cause as a work related cause).
Accordingly, we affirm the commission's decision.
Affirmed.
Disposition
Affirmed.
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