Mary Margaret Reuben v. Integrated Health Services

COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Elder and Fitzpatrick
MARY MARGARET REUBEN, F/K/A
TAYO MARGARET FADAHUNSI
v. Record No. 2516-96-4 MEMORANDUM OPINION *
PER CURIAM
INTEGRATED HEALTH SERVICES, INC. JANUARY 21, 1997
AND
RELIANCE NATIONAL INDEMNITY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Mary Margaret Reuben, pro se, on brief).
No brief for appellees.
Mary Margaret Reuben, f/k/a Tayo Margaret Fadahunsi,
(claimant) appeals from a September 13, 1996 Workers'
Compensation Commission (commission) decision. In its September
13, 1996 opinion, the commission held that it did not have
jurisdiction to hear claimant's request for review because she
did not file her request within twenty days after the deputy
commissioner's August 15, 1996 opinion. Upon reviewing
claimant's brief and employer's motion to dismiss, we find that
this appeal is without merit. Accordingly, we summarily affirm
the commission's decision. Rule 5A:27.
Code § 65.2-705 requires that an application for review to
the full commission must be made within twenty days from the date
of the award. Absent fraud or mistake, the decisions of the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
commission or its deputy commissioners from which no party seeks
timely review are binding upon the commission. K & L Trucking
Co. v. Thurber, 1 Va. App. 213, 219, 337 S.E.2d 299, 302 (1985).
Claimant's request for review was not received by the
commission until September 6, 1996, more than twenty days after
the deputy commissioner's August 15, 1996 opinion. Therefore,
the commission did not err in holding that it lacked jurisdiction
to consider the request for review. For this reason, we do not
address the substantive issues raised in claimant's brief, and we
affirm the commission's decision.
Affirmed.
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