Yousef M. Alkadi v. Arlington County School Board ( 1998 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Coleman and Willis
YOUSEF M. ALKADI
MEMORANDUM OPINION *
v. Record No. 1394-98-4 PER CURIAM
NOVEMBER 24, 1998
ARLINGTON (COUNTY OF) SCHOOL BOARD AND
VIRGINIA MUNICIPAL GROUP SELF-INSURANCE
ASSOCIATION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Yousef M. Alkadi, pro se, on brief).
(William S. Sands, Jr.; Duncan and Hopkins,
on brief), for appellees.
On July 14, 1997, Yousef M. Alkadi filed an application with
the Workers' Compensation Commission seeking temporary total
disability benefits beginning June 13, 1989, related to his May
19, 1989 left knee injury. The commission ruled that the
application was barred by the applicable statute of limitations.
Alkadi contends that the commission erred. Upon reviewing the
record and the briefs of the parties, we conclude that this
appeal is without merit. Accordingly, we summarily affirm the
commission's decision. See Rule 5A:27.
On appeal, we view the evidence in the light most favorable
to the prevailing party below. See R.G. Moore Bldg. Corp. v.
Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
So viewed, the evidence proved that on March 8, 1991, the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
commission awarded Alkadi medical benefits only for his
compensable May 19, 1989 left knee injury. In its opinion, the
commission refused to award Alkadi compensation for work
incapacity and found that the medical evidence did not prove that
he sustained work-related disability in excess of seven days.
Alkadi did not appeal that decision. On July 14, 1997, Alkadi
filed an application seeking an award of temporary total
disability benefits beginning June 13, 1989, related to his May
19, 1989 left knee injury.
"A claim for compensation must be filed with the commission
within two years after the accident or the claim shall be forever
barred." Mayberry v. Alcoa Bldg. Prods., 18 Va. App. 18, 20, 441
S.E.2d 349, 350 (1994). Because the commission never entered an
award for work incapacity, Alkadi's July 14, 1997 application
cannot be treated as an application for a change in condition.
See id. Alkadi's application seeking an award of total
disability benefits was required to be filed within two years
after his May 19, 1989 accident. See id. at 20-21, 441 S.E.2d at
350. It was not. Thus, the record clearly supports the
commission's finding that Alkadi's July 14, 1997 claim was
time-barred.
For these reasons, we affirm the commission's decision.
Affirmed.
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