Gilbert Dennis Macdonald v. Drivetime Automotive Group, Inc. and

COURT OF APPEALS OF VIRGINIA
Present: Judges Kelsey, Petty and Senior Judge Bumgardner
GILBERT DENNIS MACDONALD
MEMORANDUM OPINION *
v. Record No. 1148-09-2 PER CURIAM
SEPTEMBER 15, 2009
DRIVETIME AUTOMOTIVE GROUP, INC.
AND TRAVELERS INDEMNITY COMPANY
OF AMERICA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Teddy J. Midkiff; Goff & Midkiff, on brief), for appellant.
(Lisa Frisina Clement; Wendy E. Warren; PennStuart, on brief), for
appellees.
Gilbert Dennis Macdonald appeals a decision of the Workers’ Compensation
Commission finding that he failed to give timely notice of his accident and that his employer was
prejudiced by the untimely notice. 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 Macdonald v. Drivetime Automotive Group, Inc., VWC
File No. 237-46-42 (Apr. 27, 2009). 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.