Honeywell Corporation and Zurich American Insurance Company v. William H. Swiney, Jr. ( 2005 )

COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Felton and Senior Judge Willis HONEYWELL CORPORATION AND ZURICH AMERICAN INSURANCE COMPANY MEMORANDUM OPINION* v. Record No. 0889-05-2 PER CURIAM AUGUST 9, 2005 WILLIAM H. SWINEY, JR. FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Charles F. Midkiff; Angela C. Fleming; Midkiff, Muncie, and Ross, P.C., on brief), for appellants. (Laura Ann McDonald; Laura Ann McDonald, P.C., on brief), for appellee. Honeywell Corporation and its insurer appeal a decision of the Workers’ Compensation Commission finding that William H. Swiney, Jr. proved he adequately marketed his residual work capacity beginning August 5, 2003. We have reviewed the record and the commission’s opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Swiney v. Honeywell Corp., VWC File No. 206-70-32 (Mar. 16, 2005). 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.