John Edward Kirk, Sr. v. Southern Air, Inc.

COURT OF APPEALS OF VIRGINIA
Present: Judges Kelsey, Petty and Senior Judge Bumgardner
JOHN EDWARD KIRK, SR.
MEMORANDUM OPINION*
v. Record No. 0652-06-3 PER CURIAM
AUGUST 8, 2006
SOUTHERN AIR, INC. AND
PENNSYLVANIA MANUFACTURING ASSOCIATION
INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Charles R. Allen, Jr., on brief), for appellant.
(Rachel L. Arnold; Midkiff, Muncie & Ross, P.C., on brief), for
appellees.
John Edward Kirk (claimant) appeals a decision of the Workers’ Compensation
Commission finding that he failed to prove (1) his right foot problems were causally related to
his compensable July 6, 2004 injury by accident; and (2) he was entitled to a change in treating
physicians. We have reviewed the record and the commission’s opinion and find that this appeal
is without merit.1 Accordingly, we affirm for the reasons stated by the commission in its final
opinion. See Kirk v. Southern Air, Inc., VWC File No. 219-89-42 (Feb. 17, 2006). 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.
1
In light of our summary affirmance with respect to the first two questions presented by
claimant on appeal, we need not address the third question presented.