Opinion
Record No. 0160-09-2.
July 7, 2009.
Appeal from the Virginia Workers' Compensation Commission.
(Christopher M. Kite; Lucas Kite, PLC, on brief), for appellants.
(B. Mayes Marks, Jr.; Marks and Associates, P.C., on brief), for appellee.
Present: Judges McClanahan, Haley and Senior Judge Willis.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Mack's Construction Company, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that John Robert Wilburn, Jr. proved: (1) a change in condition; and (2) the condition was causally related to his January 29, 2008 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 Wilburn v. Mack's Construction Co., Inc., VWC File No. 237-53-35 (Dec. 19, 2008). 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.