DBP Holding Corporation and Hartford Casualty Insurance Company v. Margarete Konupka Moore

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, McCullough and Senior Judge Bumgardner
UNPUBLISHED
DBP HOLDING CORPORATION AND
HARTFORD CASUALTY INSURANCE COMPANY
MEMORANDUM OPINION*
v. Record No. 1952-14-2 PER CURIAM
MARCH 10, 2015
MARGARETE KONUPKA MOORE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(S. Vernon Priddy III; Mary Louise Kramer; Two Rivers Law
Group, P.C., on briefs), for appellants.
(Brody Reid; Casey M. Ariail; Reid Goodwin, PLC, on brief), for
appellee.
DBP Holding Corporation and Hartford Casualty Insurance Company appeal a decision
of the Workers’ Compensation Commission finding that Moore “did not refuse an offer of
selective employment in January 2013, [and] reasonably marketed her residual capacity after
being restricted to light duty” and that it was harmless error for an expert witness to express an
opinion regarding Moore’s reasonable marketing 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 commission in its final opinion. See Moore v. DBP Holding Corp., VWC
File No. VA00000445403 (Sept. 26, 2014). 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.