Tidewater Staffing, Inc. and Federal Insurance Company v. Victoria Cook ( 2007 )

COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Petty and Senior Judge Bumgardner TIDEWATER STAFFING, INC. AND FEDERAL INSURANCE COMPANY MEMORANDUM OPINION* v. Record No. 2992-06-1 PER CURIAM MARCH 27, 2007 VICTORIA COOK FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert A. Rapaport; Kira A. Ligato; Clarke, Dolph, Rapaport, Hardy & Hull, P.L.C., on brief), for appellants. (Ralph Rabinowitz; Rabinowitz, Swartz, Taliaferro, Swartz & Goodove, P.C., on brief), for appellee. Tidewater Staffing, Inc. and its insurer (hereinafter referred to as “employer”) appeal a decision of the Workers’ Compensation Commission finding that employer failed to prove that Victoria Cook refused vocational rehabilitation services pursuant to Code § 65.2-603. 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 Cook v. Tidewater Staffing, Inc., VWC File No. 216-72-03 (Nov. 1, 2006). 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.