International Technology Industry, Inc. v. Dylan Cannon ( 2013 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Alston and Senior Judge Willis
UNPUBLISHED
INTERNATIONAL TECHNOLOGY INDUSTRY, INC.
MEMORANDUM OPINION *
v. Record No. 1486-12-4 PER CURIAM
JANUARY 22, 2013
DYLAN CANNON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Bill Wang, pro se, on brief), for appellant.
No brief for appellee.
International Technology Industry, Inc. (employer) appeals a decision of the Workers’
Compensation Commission finding that Dylan Cannon (claimant) suffered a compensable injury
by accident on August 7, 2008 and provided timely notice of his injury to employer. Employer
filed its opening brief with this Court on November 26, 2012. Upon receiving employer’s brief,
the Court instructed employer that its brief failed to comply with Rules 5A:4(b), 5A:4(d),
5A:20(c), 5A:20(d), 5A:20(e), and 5A:20(h), and instructed employer to submit a set of
replacement pleadings. Rather than comply with that instruction, employer filed a letter with the
Court on December 12, 2012 in which it asked the Court to review the opening brief as
submitted.
Rule 5A:4(b) requires that the brief and appendix be properly bound. Rule 5A:4(d)
requires that the certificate of the brief comply with the applicable word count limitation and
state the number of words contained in the document. Rule 5A:20(c) requires that the brief
include assignments of error. Rule 5A:20(d) requires that the brief include a statement of facts.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Rule 5A:20(e) requires that the brief include the standard of review to be applied with respect to
each assignment of error. Rule 5A:20(h) requires that the certificate of the brief indicate whether
oral argument is waived.
We find employer’s failure to comply with these rules to be significant, so we will not
consider its arguments. See Jay v. Commonwealth, 275 Va. 510, 520, 659 S.E.2d 311, 317
(2008). Accordingly, the issues are waived and the final judgment of the commission is
summarily affirmed. Rule 5A:27.
Affirmed.
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