Opinion
Record No. 1737-10-2, Claim No. 233-47-53.
December 21, 2010, January 25, 2011.
Appeal from the Virginia Workers' Compensation Commission.
Upon a Petition for Rehearing En Banc.
(Ralph L. Whitt, Jr.; Corey R. Pollard; Whitt Del Bueno, on briefs), for appellants.
(Kathleen Grace Walsh, on brief), for appellee.
Present: Judges Humphreys, Powell and Senior Judge Clements.
Before the Full Court.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
On January 4, 2011 came the appellant, by counsel, and filed a petition requesting that the Court set aside the judgment rendered herein on December 21, 2010, and grant a rehearing en banc on the issue(s) raised in the petition.
On consideration whereof, the petition for rehearing en banc is granted with regard to the issue(s) raised therein, the mandate entered herein on December 21, 2010 is stayed pending the decision of the Court en banc, and the appeal is reinstated on the docket of this Court.
The parties shall file briefs in compliance with Rule 5A:35(b). The appellant shall attach as an addendum to the opening brief upon rehearing en banc a copy of the opinion previously rendered by the Court in this matter. It is further ordered that the appellant shall file twelve additional copies of the appendix previously filed in this case. In addition, any party represented by counsel shall file twelve electronic copies of their brief (and the appendix, if the party filing the appendix is represented by counsel) with the clerk of this Court. The electronic copies must be filed on twelve separate CDs or DVDs and must be filed in Adobe Acrobat Portable Document Format (PDF).
The guidelines for the creation and submission of a digital brief package can be found at www.courts.state.va.us, in the Court of Appeals section under "Resources and Reference Materials."
Prince William County School Board and its insurer, VML Insurance Programs (collectively "employer") appeal a decision of the Workers' Compensation Commission. Employer contends the commission erred in (1) concluding the payment of wages is compensation pursuant to an award under Code § 65.2-708(C); (2) applying Code § 65.2-708 to a claim for compensation where there had been no compensation previously awarded; (3) concluding the statute of limitations had not expired on compensation benefits and awarding compensation when the claim for compensation was first filed more than two years after the accident; (4) concluding the statute of limitations had not expired on compensation benefits and awarding compensation when the first lost time from work and/or lost wages incurred by Rahim occurred more than two years after the accident; (5) ruling Mayberry v. Alcoa Bldg. Products, 18 Va. App. 18, 441 S.E.2d 349 (1994), was not applicable in this case; and (6) determining a conclusion that the statute of limitations had run on compensation in this matter would be "inconsistent with the purpose and the plain words used in the statute." 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 Rahim v. Prince William (County of) School Board, VWC File No. 233-47-53 (July 16, 2010). 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.