COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Fitzpatrick, Judges Frank and Clements

PAIGE L. THORNTON MEMORANDUM OPINION* v. Record No. 0165-04-2 PER CURIAM MAY 25, 2004 PHILIP MORRIS USA AND AMERICAN PROTECTION INSURANCE COMPANY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Gregory O. Harbison; Geoffrey R. McDonald & Associates, P.C., on brief), for appellant.

(Thomas J. Mitchell; Hunton & Williams LLP, on brief), for appellees.

Paige L. Thornton appeals a decision of the Workers’ Compensation Commission denying her Claim for Benefits, and finding that she failed to prove she sustained an injury by accident arising out of her employment on September 10, 2002. 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 Thornton v. Philip Morris USA, VWC File No. 211-48-82 (Dec. 22, 2003). 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.