Opinion
Record No. 2196-13-3
04-22-2014
CAROL BURKE, SURVIVING DEPENDENT SPOUSE OF MICHAEL BURKE v. DICKENSON-RUSSELL COAL COMPANY, LLC AND CHARTIS PROPERTY CASUALTY COMPANY
(Stephen W. Mullins, on brief), for appellant. (Timothy W. Gresham; Penn, Stuart & Eskridge, on brief), for appellees.
UNPUBLISHED
Present: Judges Frank, Huff and Senior Judge Haley
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
PER CURIAM
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Stephen W. Mullins, on brief), for appellant.
(Timothy W. Gresham; Penn, Stuart & Eskridge, on brief), for appellees.
Carol Burke, the surviving dependent spouse of Michael Burke, appeals a decision of the Workers' Compensation Commission ("the commission") finding that the evidence failed to prove by a preponderance of the evidence that Michael Burke suffered from the occupational disease of coal workers' pneumoconiosis. 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 Burke v. Dickenson-Russell Coal Co., VWC File No. VA02000010648 (Oct. 31, 2013). 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.
Michael Burke died on December 20, 2012.
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Affirmed.