The Kroger Company and Continental Casualty Company v. Diane L. Rouleau

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, Beales and Senior Judge Fitzpatrick
THE KROGER COMPANY AND
CONTINENTAL CASUALTY COMPANY
MEMORANDUM OPINION*
v. Record No. 0845-06-3 PER CURIAM
AUGUST 15, 2006
DIANE L. ROULEAU
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Mary Beth Nash; Frankl, Miller & Webb, LLP, on brief), for
appellants.
(Diane L. Rouleau, pro se, on brief).
Kroger Company and its insurer (hereinafter referred to as “employer”) appeal a decision
of the Workers’ Compensation Commission finding that Diane L. Rouleau’s decision to refuse
employer’s offer of selective employment was reasonable and not unjustified. 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
Rouleau v. Kroger Company, VWC File No. 202-53-23 (Mar. 7, 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.