Phyllis L. Daye v. Atria Hilltop and Sentry Insurance A Mutual Company

COURT OF APPEALS OF VIRGINIA

Present: Judges Humphreys, Beales and Senior Judge Fitzpatrick

PHYLLIS L. DAYE

MEMORANDUM OPINION* v. Record No. 1106-06-1 PER CURIAM OCTOBER 24, 2006 ATRIA HILLTOP AND

SENTRY INSURANCE A MUTUAL COMPANY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Phyllis L. Daye, pro se, on briefs).

(Arthur T. Aylward; Angela C. Fleming; Midkiff, Muncie & Ross, P.C., on brief), for appellees.

Phyllis L. Daye (claimant) appeals a decision of the Workers’ Compensation Commission finding that she failed to establish that Atria Hilltop and its insurer (hereinafter referred to as “employer”) were responsible for the cost of certain medical treatment associated with her left wrist under the terms of the compromise settlement approved by the commission. 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 Daye v. Atria Hilltop, VWC File No. 192-81-40 (Mar. 27, 2006). 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:27.1

Affirmed.