COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Felton and Senior Judge Willis

SENTARA NORFOLK GENERAL HOSPITAL AND ROYAL INDEMNITY COMPANY MEMORANDUM OPINION* v. Record No. 1957-04-1 PER CURIAM DECEMBER 21, 2004 DOREEN TUPPER

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert A. Rapaport; Jennifer Tatum Atkinson; Clarke, Dolph, Rapaport, Hardy & Hull, P.L.C., on brief), for appellants.

(Karen M. Rye; Law Office of Karen M. Rye, on brief), for appellee.

Sentara Norfolk General Hospital and its insurer (hereinafter referred to as “employer”) appeal a decision of the Workers’ Compensation Commission finding that employer failed to meet its burden of proving that Doreen Tupper was released to her pre-injury work beginning November 7, 2003. We have reviewed the record and the commission’s opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Tupper v. Sentara Norfolk General Hospital, VWC File No. 215-08-49 (July 19, 2004). 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.