COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, Clements and Haley

LORINE AND WILLIAM BROWN, D/B/A LAKE ANNA ELDER CARE, INC. MEMORANDUM OPINION* v. Record No. 1646-05-4 PER CURIAM NOVEMBER 22, 2005 SHERRY JUDY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (William E. Glover; Frank K. Friedman; Glover & Dahnk; Woods Rogers PLC, on briefs), for appellant.

(Craig A. Brown; Ashcraft & Gerel, LLP, on brief), for appellee.

Lorine and William Brown, d/b/a Lake Anna Elder Care, Inc. (employer) appeal a decision of the Workers’ Compensation Commission finding that (1) employer failed to prove that Sherry Judy’s (claimant) claim was barred by her willful misconduct; (2) claimant proved she gave notice of her industrial accident to employer as required by Code § 65.2-600; and (3) claimant proved she sustained an injury by accident arising out of and in the course of her employment on September 9, 2003. 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 Judy v. Lorine and William Brown d/b/a Lake Anna Elder Care, Inc., VWC File No. 216-20-16 (June 9, 2005). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.

-2-