Opinion
Record No. 1560-99-2
December 28, 1999
Appeal from the Virginia Workers' Compensation Commission.
(Graham T. Jennings, Jr., on brief), for appellant.
No brief for appellees.
Present: Judges Bray, Annunziata and Frank.
Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication.
Ronald C. Thompson (claimant) contends that the Workers' Compensation Commission (commission) erred in failing to award him permanent partial disability benefits pursuant to Code § 65.2-503. Upon reviewing the record and opening brief, we conclude that this appeal is without merit. Accordingly, we summarily affirm the commission's decision. See Rule 5A:27.
In his brief, claimant also presented the question whether the commission erred in finding that he failed to adequately market his residual work capacity. However, in the "Argument" section of his brief, claimant stated that he would not pursue this point on appeal. Accordingly, we will not address it.
The Claim for Benefits filed by claimant with the commission sought an award of compensation for lost wages and payment of specific medical bills. At the hearing before the commission on his claim, claimant sought an award of temporary total and temporary partial disability benefits and payment of medical bills. At no time before the commission did claimant file a claim for permanent partial disability benefits, pursuant to Code § 65.2-503. Accordingly, we will not address this issue for the first time on appeal. See Rule 5A:18.
For these reasons, we affirm the commission's decision.
Affirmed.