S.E. Smith, Inc. v. Staten

Full title: S.E. SMITH, INC. AND SOUTHERN PILOT INSURANCE COMPANY v. BERNARD STATEN…

Court: Court of Appeals of Virginia

Date published: May 13, 2008

Record No. 0091-08-4 (Va. Ct. App. May. 13, 2008)

Opinion

Record No. 0091-08-4.

May 13, 2008.

Appeal from the Virginia Workers' Compensation Commission.

(Joseph C. Veith, III; Trichilo, Bancroft, McGavin, Horvath Judkins, P.C., on brief), for appellants.

(Andrew S. Kasmer, on brief), for appellee Bernard Staten.

(Daniel E. Lynch; John T. Cornett; Williams Lynch, on brief), for appellees S.E. Smith, Inc. and West American Insurance Company.

Present: Judge Beales, Senior Judge Fitzpatrick and Retired Judge Hodges^_.

_ Retired Judge William H. Hodges took part in the consideration of this case by designation pursuant to Code § 17.1-400(C).

PER CURIAM.

S.E. Smith, Inc. and Southern Pilot Insurance Company appeal a decision of the Workers' Compensation Commission finding that Bernard Staten proved he (1) sustained a new injury by accident arising out of and in the course of his employment on November 18, 2005; (2) his ongoing disability is causally related to his November 18, 2005 compensable injury by accident; and (3) he made a reasonable effort to market his residual work capacity. 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 Staten v. S.E. Smith, Inc., VWC File Nos. 219-31-44 and 226-88-52 (Dec. 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.