Faith O. Land v. DePaul Hospital

COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Willis and Bray
Argued at Norfolk, Virginia
FAITH O. LAND
MEMORANDUM OPINION *
v. Record No. 1350-96-1 BY JUDGE JOSEPH E. BAKER
MAY 20, 1997
DePAUL HOSPITAL
AND
UNITED STATES FIDELITY & GUARANTY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Matthew H. Kraft (Robert E. Walsh; Rutter &
Montagna, L.L.P., on brief), for appellant.
(Virginia McNeill Poindexter; Denton & Drash,
on brief), for appellees. Appellees
submitting on brief.
Faith O. Land (Land) appeals from a decision of the Workers'
Compensation Commission (commission) that denied her claim for
permanent total disability because the medical evidence did not
establish a ratable loss of use of her lower extremities. Land
asserts that Code § 65.2-503(C)(1) does not require a specific
disability rating but rather is applicable where there has been a
demonstrated "functional" loss of use of the scheduled members in
any substantial degree in gainful employment.
As the parties are familiar with the facts presented in
support of the claim, we need not recite them. Our review of the
record discloses sufficient similarity to Cafaro Constr. Co. v.
Strother, 15 Va. App. 656, 426 S.E.2d 489 (1993), and Hill v.
*
Pursuant to Code § 17-116.010, this opinion is not
designated for publication.
Woodford B. Davis, General Contractor, 18 Va. App. 652, 447
S.E.2d 237 (1994), to require that we are bound thereby.
Accordingly, for the reasons stated in those cases, we
affirm the commission's decision.
Affirmed.
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