Carlson Holdings, Inc. and Ace American Ins. Co. (Trav. Indemnity Co.) v. Sergut Tibebu ( 2017 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Decker, Malveaux and Senior Judge Annunziata
UNPUBLISHED
CARLSON HOLDINGS, INC. AND
ACE AMERICAN INS. CO. (TRAV. INDEMNITY CO.)
MEMORANDUM OPINION*
v. Record No. 1398-17-4 PER CURIAM
DECEMBER 12, 2017
SERGUT TIBEBU
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Joseph F. Giordano; Kathryn Lea Harman; Semmes, Bowen &
Semmes, on briefs), for appellants.
(Benjamin J. Trichilo; McCandlish Lillard, P.C., on brief), for
appellee.
Carlson Holdings, Inc. and Ace American Ins. Co. (Trav. Indemnity Co.) appeal a
decision of the Workers’ Compensation Commission awarding Sergut Tibebu temporary total
and temporary partial disability benefits. Appellants contend the Commission erred by finding
Tibebu proved by clear and convincing evidence that she suffered from a compensable ordinary
disease of life and that the Commission incorrectly relied on a credibility assessment of the
deputy commissioner. 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 Tibebu v. Carlson Holdings, Inc., JCN VA00001234845 (Aug. 4, 2017).
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.