Justin Everett Peck v. R.G. Management Services, Inc.

COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Clements and Senior Judge Annunziata

JUSTIN EVERETT PECK

MEMORANDUM OPINION* v. Record No. 1401-06-4 PER CURIAM OCTOBER 10, 2006 R.G. MANAGEMENT SERVICES, INC.

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Benjamin J. Trichilo; Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., on briefs), for appellant.

(Frederick T. Schubert, III; Angela Fleming Gibbs; Midkiff, Muncie & Ross, P.C., on brief), for appellee.

Justin Everett Peck (claimant) appeals a decision of the Workers’ Compensation Commission finding that (1) he failed to prove he sustained an injury by accident arising out of his employment on December 8, 2004; (2) the effects of his idiopathic fall were not compensable within the purview of Southland Corp. v. Parson, 1 Va. App. 281, 338 S.E.2d 162 (1985); and (3) the “street risk” doctrine was inapplicable. Claimant also contends the commission improperly relied upon the transcript of his deposition testimony, which was not filed or made a part of the record. We have reviewed the record, the commission’s opinion, and its order denying claimant’s motion for reconsideration, and find that this appeal is without merit.1

Accordingly, we affirm for the reasons stated by the commission in its final opinion and order denying the motion for reconsideration. See Peck v. R.G. Management Services, Inc., VWC File No. 221-86-15 (May 5, 2006), and Peck v. R.G. Management Services, Inc., VWC File No. 221-86-15 (June 6, 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.

Affirmed.

Supreme Court of Virginia. Thus, as of June 6, 2006, the commission still had jurisdiction over the case. Claimant’s filing of his notice of appeal prior to that date did not deprive the commission of jurisdiction.