The TJX Companies, Inc/Marshall's v. Byron Howcott ( 2016 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, O’Brien and Senior Judge Bumgardner
UNPUBLISHED
THE TJX COMPANIES, INC./MARSHALL’S AND
AMERICAN ZURICH INSURANCE COMPANY
MEMORANDUM OPINION*
v. Record No. 1080-16-2 PER CURIAM
OCTOBER 11, 2016
BYRON HOWCOTT, PRO TOUCH SERVICE AND
UNINSURED EMPLOYER’S FUND
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Kevin W. Cloe; Ian A. Spreat; Midkiff, Muncie & Ross, P.C., on
briefs), for appellants.
(Brooke T. Alexander; Reid Goodwin, PLC, on brief), for appellee Byron
Howcott.
(Robert A. Rapaport; Marilyn N. Harvey; Clarke, Dolph, Rapaport, Hull &
Brunick, PLC, on brief), for appellee Uninsured Employer’s Fund.
No brief for appellee Pro Touch Service.
The TJX Companies, Inc./Marshall’s and its insurer (collectively “employer”) appeal a
June 9, 2016 decision of the Workers’ Compensation Commission. The Commission affirmed a
deputy commissioner’s opinion finding employer was liable to Byron Howcott (claimant) for his
workers’ compensation benefits. On appeal, employer contends the Commission erred by
finding employer was claimant’s statutory employer.
Upon reviewing the record and briefs, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the Commission’s decision. Rule 5A:27. We affirm for the
reasons stated by the Commission in its final opinion. See Howcott v. Pro Touch Serv., JCN
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
VA02000021172, 2016 VA Wrk. Comp. LEXIS 287 (June 9, 2016). 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.
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