Eleanor A. Snellings v. Mary Washington Hospital and Reciprocal of America ( 2007 )

COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Haley and Senior Judge Coleman ELEANOR A. SNELLINGS MEMORANDUM OPINION* v. Record No. 2632-06-2 PER CURIAM FEBRUARY 27, 2007 MARY WASHINGTON HOSPITAL AND RECIPROCAL OF AMERICA FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Wesley G. Marshall, on briefs), for appellant. (Andrew M. Alexander; Semmes, Bowen & Semmes, on brief), for appellees. Eleanor A. Snellings appeals a decision of the Workers’ Compensation Commission denying her claim for an award of permanent partial disability benefits. The commission ruled she failed to meet her burden of proving an impairment rating for permanent loss of use of her right thumb. The commission also denied Snellings’s request to remand the case to allow Dr. Kostas J. Constantine to “clarify” his opinion, and the commission refused to sua sponte consider the AMA Guidelines to calculate the appropriate impairment rating for the thumb or hand. We have reviewed the record and the commission’s opinion, and we hold this appeal is without merit. Accordingly, we affirm the commission’s rulings for the reasons stated by the commission in its final opinion, see Snellings v. Mary Washington Hosp., VWC File No. 213-25-83 (Sept. 19, 2006), and in its October 12, 2006 order denying Snellings’s motion for reconsideration, which raised due process arguments. We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the * Pursuant to Code § 17.1-413, this opinion is not designated for publication. materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed. -2-