Opinion
Record No. 1034-07-3.
October 9, 2007.
Appeal from the Virginia Workers' Compensation Commission.
(E. Albion Armfield; Frith Anderson Peake, P.C., on brief), for appellants.
(Aubrey R. Lesher; Greg Hairston; Virginia Legal Aid Society, Inc., on brief), for appellee.
Present: Judges Frank, McClanahan and Senior Judge Willis.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Newroads Southeast and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that employer failed to prove (1) Martha A. Perryman (claimant) was capable of performing all duties of her pre-injury employment as of April 20, 2006; and (2) employer made a bona fide offer of selective employment to claimant, which she unjustifiably refused. 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 Perryman v. Newroads Southeast, VWC File No. 222-41-81 (April 11, 2007). 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.