Sheldon Opie Thompson v. Huffman Litter Service, Inc. and Commerce & Industry Insurance Company ( 2007 )

COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Haley and Senior Judge Coleman SHELDON OPIE THOMPSON MEMORANDUM OPINION* v. Record No. 0100-07-3 PER CURIAM MAY 29, 2007 HUFFMAN LITTER SERVICE, INC. AND COMMERCE & INDUSTRY INSURANCE COMPANY FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Roger A. Ritchie, Sr.; Ritchie Law Firm, P.L.C., on brief), for appellant. (Monica Taylor Monday; Bryan G. Bosta; Gentry Locke Rakes & Moore, on brief), for appellees. The Workers’ Compensation Commission sustained Huffman Litter Service, Inc.’s and its insurer’s motion to stay Sheldon Opie Thompson’s pending claim for permanent and total disability benefits and removed the claim from the hearing docket because it was premature. Thompson contends the commission’s decision was arbitrary and capricious. We have reviewed the record and the commission’s opinion, and we hold that this appeal is without merit. Accordingly, we affirm the commission’s decision for the reasons stated by the commission in its final opinion. See Thompson v. Huffman Litter Serv., Inc., VWC File No. 211-27-90 (Dec. 13, 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.