Opinion
Record No. 2805-09-4.
April 27, 2010.
Appeal from the Virginia Workers' Compensation Commission.
(M. Thomas McWeeny; Koonz, McKenney, Johnson, DePaolis Lightfoot, L.L.P., on brief), for appellant.
(Bryan M. Kirchner; Angela F. Gibbs; Midkiff, Muncie Ross, P.C., on brief), for appellees.
Present: Judges McClanahan, Haley and Senior Judge Willis.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Barbara Jean Smith Plauger (claimant) appeals a decision of the Workers' Compensation Commission finding Shenandoah Motors, Inc. and VADA Group Self-Insurance Association would have offered her light-duty work if she had not been terminated for cause. Claimant also contends the commission denied her due process of law by "imposing a permanent forfeiture of compensation for partial disability through the legal construct of 'constructive refusal of selective employment,'" when the commission failed to articulate what constitutes "justified cause" for termination or define who has the burden of proving justified cause. 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 Plauger v. Shenandoah Motors, Inc., VWC File No. 228-11-19 (Nov. 23, 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.