Stuart Forest Products, LLC and Firstcomp Insurance Company v. Everett Lee Vance ( 2008 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Frank, McClanahan and Senior Judge Willis
STUART FOREST PRODUCTS, LLC AND
FIRSTCOMP INSURANCE COMPANY
MEMORANDUM OPINION *
v. Record No. 1628-08-3 PER CURIAM
DECEMBER 2, 2008
EVERETT LEE VANCE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Brandi R. Howell; Franklin & Prokopik, P.C., on briefs), for
appellants.
(James R. McGarry; Young, Haskins, Mann, Gregory, McGarry &
Wall, P.C., on brief), for appellee.
Stuart Forest Products, LLC and its insurer (hereinafter referred to as “employer”) appeal
a decision of the Workers’ Compensation Commission finding that (1) Everett Lee Vance proved
he made a good faith effort to market his residual work capacity such that he is entitled to
temporary total disability benefits beginning September 6, 2007; and (2) he reasonably and
substantially complied with employer’s vocational rehabilitation efforts. 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 majority of the commission in its final opinion. See Vance v.
Stuart Forest Prods., LLC, VWC File No. 229-25-90 (June 3, 2008). We dispense with oral
argument and summarily affirm because the facts and legal contentions are adequately
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
presented in the materials before the Court and argument would not aid the decisional process.
See Code § 17.1-403; Rule 5A:27.
Affirmed.
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