Opinion
Record No. 2110-13-3
03-11-2014
SHANNA HILEMAN v. HOME NURSING COMPANY, INC. AND UNITED WISCONSIN INSURANCE COMPANY
(Stephen W. Mullins, on brief), for appellant. (Amanda S. Tapscott; McCandlish Holton, P.C., on brief), for appellees.
UNPUBLISHED
Present: Judges Kelsey, Beales and Senior Judge Clements
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.
(Amanda S. Tapscott; McCandlish Holton, P.C., on brief), for appellees.
Shanna Hileman (claimant) appeals a ruling of the Workers' Compensation Commission that Home Nursing Company, Inc., and its insurer, United Wisconsin Insurance Company, sustained their burden of proving that, as of April 15, 2013, claimant was capable of returning to work as a home health nurse, her employment prior to her compensable injury by accident on September 18, 2010. On appeal, claimant argues the commission erred because 1) Dr. John Testerman did not unambiguously release her to pre-injury work, and 2) any purported release was ineffectual as it was not communicated to her. 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 Hileman v. Home Nursing Co., Inc, VWC File VA00000348887 (Oct. 3, 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.
Affirmed.