Giant Food, LLC and Ahold USA, Inc. v. Joseph Mark Casamento ( 2010 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Frank, Alston and Senior Judge Coleman
GIANT FOOD, LLC AND
AHOLD USA, INC.
MEMORANDUM OPINION *
v. Record No. 1006-10-4 PER CURIAM
SEPTEMBER 21, 2010
JOSEPH MARK CASAMENTO
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Lynn McHale Fitzpatrick; Franklin & Prokopik, P.C., on brief), for
appellants.
(Andrew S. Kasmer, on brief), for appellee.
Giant Food, LLC and Ahold USA, Inc. appeal a decision of the Workers’ Compensation
Commission finding (1) it failed to prove Joseph Mark Casamento (claimant) was released to full
duty work on July 16, 2008; and (2) claimant’s current disability is attributable to his workplace
accident and not a 2008 motorcycle accident. 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 Casamento v. Giant Food, LLC #798,
VWC File No. 229-55-94 (Apr. 13, 2010). 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.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.