Opinion
Record No. 1756-06-4.
October 31, 2006.
Appeal from the Virginia Workers' Compensation Commission.
(John H. Carstens; Melissa A. Zeller; Jordan Coyne Savits, L.L.P., on brief), for appellants.
Beulah Sadler, pro se, on brief.
Present: Judges Frank, McClanahan and Senior Judge Willis.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Circharo Acquisition Corporation and its insurer appeal a decision of the Workers' Compensation Commission finding that Beulah Kay Sadler proved she sustained an injury by accident arising out of and in the course of her employment on July 6, 2005. 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 Sadler v. Circharo Acquisition Corp., VWC File No. 224-30-18 (June 14, 2006). 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.
The record reflects that the commission entered an order on June 23, 2006 modifying the compensation rate from $506.96 per week to $529.96 per week. However, on July 12, 2006, the commission entered an order vacating its June 23, 2006 order and amending the deputy commissioner's January 30, 2006 opinion to reflect an average weekly wage of $764.93 and reinstating the compensation rate of $509.96. These matters pertaining to the average weekly wage are not before us on appeal. Thus, we have relied upon the commission's reasons as set forth in its June 14, 2006 review opinion to summarily affirm the commission's decision.
Affirmed.