COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, Clements and Haley

BARRY OGBURN FLETCHER MEMORANDUM OPINION* v. Record No. 0222-06-1 PER CURIAM JULY 18, 2006 HUGH M. MORRIS CONSTRUCTION, INC. AND COMMONWEALTH CONTRACTORS GROUP SELF-INSURANCE ASSOCIATION

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Barry O. Fletcher, pro se, on brief).

(Lisa Frisina Clement; PennStuart, on brief), for appellees.

Barry O. Fletcher appeals a decision of the Workers’ Compensation Commission finding that he was an independent contractor and not an employee of Hugh M. Morris Construction, Inc. 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 Fletcher v. Hugh M. Morris Constr., Inc., VWC File No. 221-67-53 (Dec. 28, 2005).1 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.

In affirming the commission’s opinion, we have not considered any new evidence submitted by Fletcher in his appendix or opening brief.