Federal Express Corporation and Sedgwick Claims Management Services, Inc. v. Melville Edwin Sandefur ( 2004 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Humphreys and Senior Judge Overton
FEDERAL EXPRESS CORPORATION AND
SEDGWICK CLAIMS MANAGEMENT
SERVICES, INC.
MEMORANDUM OPINION*
v. Record No. 2921-03-1 PER CURIAM
MARCH 9, 2004
MELVILLE EDWIN SANDEFUR
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Douglas A. Seymour; Siciliano, Ellis, Dyer & Boccarosse, on brief),
for appellants.
(T. Gregory Evans; Joynes & Gaidies Law Group, P.C., on brief), for
appellee.
Federal Express Corporation and its insurer (hereinafter “employer”) appeal a decision of
the Workers’ Compensation Commission finding that employer failed to prove that Melville
Edwin Sandefur was no longer disabled as a result of his compensable October 21, 1998 injury
by accident. We have reviewed the record and the commission’s opinion and find no reversible
error. Accordingly, for the reasons stated by the commission in its final opinion, we affirm the
commission’s denial of employer’s application to terminate Sandefur’s outstanding award of
temporary total disability benefits. See Sandefur v. Federal Express Corp., VWC File No.
193-32-92 (Oct. 15, 2003). 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.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
We grant Sandefur’s request that employer pay attorney’s fees for this appeal, and we
remand to the commission to assess a reasonable fee.
Affirmed.
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