Ronald C. Thompson v. Petroleum Marketers, Inc., et ( 1999 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Frank
RONALD C. THOMPSON
MEMORANDUM OPINION*
v. Record No. 1560-99-2 PER CURIAM
DECEMBER 28, 1999
PETROLEUM MARKETERS, INC.
AND
FIDELITY & GUARANTY INSURANCE UNDERWRITERS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Graham T. Jennings, Jr., on brief), for
appellant.
No brief for appellees.
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. 1 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.
The Claim for Benefits filed by claimant with the
commission sought an award of compensation for lost wages and
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
1
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.
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.
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