Opinion
Record No. 2417-05-2.
March 21, 2006.
Appeal from the Virginia Workers' Compensation Commission.
(Michael P. Del Bueno; Whitt Associates, on briefs), for appellants.
(B. Mayes Marks, Jr.; Marks and Associates, P.C., on brief), for appellee.
Present: Judge McClanahan, Senior Judges Coleman and Annunziata.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
CVS Virginia Distribution, Inc. and its insurer appeal a decision of the Workers' Compensation Commission finding that Joyce B. Owens (claimant) proved that her disability and medical treatment were causally related to her compensable August 27, 2001 injury by accident and that she was totally disabled during the periods from March 20, 2002 through August 12, 2002; June 9, 2003 through June 30, 2003, and September 16, 2003 and continuing. We have reviewed the record and the commission's opinion and find that this appeal is without merit. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Owens v. CVS VA Distribution, Inc., VWC File No. 207-00-29 (Sept. 1, 2005). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27.
We note that while employer presented seventeen questions in its brief, all of those questions relate to the overriding issues of causation and disability as determined by the commission.
We deny claimant's request for attorneys' fees and costs pursuant to Code § 65.2-713. Affirmed.
Claimant also cited Code § 65.2-524 in support of her request for attorneys' fees and costs. However, that code section is not applicable to a request for attorneys' fees and costs as it pertains to the assessment of a penalty against an employer for failure to timely pay compensation.