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Moore Brothers Co. v. Wolfe

Court of Appeals of Virginia
Feb 16, 2010
Record No. 2301-09-4 (Va. Ct. App. Feb. 16, 2010)

Opinion

Record No. 2301-09-4.

February 16, 2010.

Appeal from the from the Virginia Workers' Compensation Commission.

(J. David Griffin; Winchester Law Group, P.C., on brief), for appellants.

(Robert B. Guntharp; Richie Law Firm, P.L.C., on brief), for appellee.

Present: Judges Kelsey, Petty and Retired Judge Hodges.

Retired Judge Hodges took part in the consideration of this case by designation pursuant to Code § 17.1-400(D).


MEMORANDUM OPINION

Pursuant to Code § 17.1-413, this opinion is not designated for publication.


Moore Brothers Company, Inc., and its insurer, Commonwealth Contractor's Group Self-Insurance Association (employer) appeal a decision of the Workers' Compensation Commission (1) concluding claimant sustained a permanent total impairment and that he qualified for lifetime disability benefits; (2) relying upon Dr. Hensley's expert testimony that claimant could not obtain a job in the competitive labor market; (3) finding claimant proved he was unable to use his arms in any gainful employment; and (4) rejecting the employer's rehabilitation consultant's testimony because the consultant had not assisted claimant in obtaining a job in the ten years since claimant's injury. 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 Wolfe v. Moore Bros. Co., VWC File No. 189-60-79 (Sept. 18, 2009). 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.

Affirmed.


Summaries of

Moore Brothers Co. v. Wolfe

Court of Appeals of Virginia
Feb 16, 2010
Record No. 2301-09-4 (Va. Ct. App. Feb. 16, 2010)
Case details for

Moore Brothers Co. v. Wolfe

Case Details

Full title:MOORE BROTHERS COMPANY, INC. AND COMMONWEALTH CONTRACTOR'S GROUP…

Court:Court of Appeals of Virginia

Date published: Feb 16, 2010

Citations

Record No. 2301-09-4 (Va. Ct. App. Feb. 16, 2010)