AMS Staff Leasing and Companion Property v. Luis E. Escobar ( 2010 )

COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Petty and Senior Judge Bumgardner AMS STAFF LEASING AND COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY MEMORANDUM OPINION * v. Record No. 2473-09-4 PER CURIAM MARCH 16, 2010 LUIS E. ESCOBAR FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert C. Baker, Jr.; Dobbs & Baker, on brief), for appellants. (W. David Falcon, Jr.; Chasen & Boscolo, P.C., on brief), for appellee. AMS Staff Leasing and Companion Property Casualty Insurance Company (employer) appeal a decision of the Workers’ Compensation Commission finding that Luis E. Escobar (claimant) proved that his injury arose out of his employment. Employer contends the commission’s finding constitutes error because claimant described different causes for his injury and claimant was unsure as to the reason for his fall from the ladder. 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 Escobar v. AMS Staff Leasing, VWC File No. 240-11-09 (Oct. 8, 2009). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the material * Pursuant to Code § 17.1-413, this opinion is not designated for publication. before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed. -2-