Daniel Martinez v. Zamudio Tree & Landscaping and the Uninsured Employer's Fund

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, McCullough and Senior Judge Bumgardner
UNPUBLISHED
DANIEL MARTINEZ
MEMORANDUM OPINION*
v. Record No. 1927-13-4 PER CURIAM
JANUARY 28, 2014
ZAMUDIO TREE & LANDSCAPING AND
THE UNINSURED EMPLOYER’S FUND
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Gregory J. Park; Park & Park, P.C., on brief), for appellant.
(Dana L. Plunkett; Midkiff, Muncie & Ross, P.C., on brief), for
appellee The Uninsured Employer’s Fund.
No brief for appellee Zamudio Tree & Landscaping.
Daniel Martinez appeals a decision of the Workers’ Compensation Commission denying
his claim for temporary total disability benefits. On appeal, he claims the commission erred in
concluding that the evidence was insufficient to establish an average weekly wage upon which
temporary total disability benefits could be awarded. 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 Martinez v. Zamudio Tree &
Landscaping, JCN VA02000006921 (Sept. 11, 2013). 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.