COURT OF APPEALS OF VIRGINIA

Present: Judges Annunziata, McClanahan and Senior Judge Coleman

GREGORY A. WIMBUSH MEMORANDUM OPINION* v. Record No. 0539-04-3 PER CURIAM JULY 13, 2004 ZENITH LOGISTICS AND FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert A. Williams; Williams, Luck & Williams, on briefs), for appellant.

(Richard D. Lucas; Lucas Law Firm, PLC, on brief), for appellees.

Gregory A. Wimbush (claimant) appeals a decision of the Workers’ Compensation Commission finding that his Request for Review, which was sent via certified mail to an incorrect address, was not timely filed and, therefore, the commission did not have jurisdiction to hear claimant’s appeal. 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 Wimbush v. Zenith Logistics, VWC File No. 213-03-42 (Feb. 24, 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.