Shanna Hileman v. Home Nursing Company, Inc. and United Wisconsin Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: Judges Kelsey, Beales and Senior Judge Clements
UNPUBLISHED
SHANNA HILEMAN
MEMORANDUM OPINION*
v. Record No. 2110-13-3 PER CURIAM
MARCH 11, 2014
HOME NURSING COMPANY, INC. AND
UNITED WISCONSIN INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephen W. Mullins, on brief), for appellant.
(Amanda S. Tapscott; McCandlish Holton, P.C., on brief), for
appellees.
Shanna Hileman (claimant) appeals a ruling of the Workers’ Compensation Commission
that Home Nursing Company, Inc., and its insurer, United Wisconsin Insurance Company,
sustained their burden of proving that, as of April 15, 2013, claimant was capable of returning to
work as a home health nurse, her employment prior to her compensable injury by accident on
September 18, 2010. On appeal, claimant argues the commission erred because 1) Dr. John
Testerman did not unambiguously release her to pre-injury work, and 2) any purported release
was ineffectual as it was not communicated to her. 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 Hileman v. Home Nursing Co., Inc,
VWC File VA00000348887 (Oct. 3, 2013). We dispense with oral argument and summarily
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
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.
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