COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Fitzpatrick, Judge Kelsey and Senior Judge Bumgardner

SOPHIA L. BANKS MEMORANDUM OPINION* v. Record No. 2466-05-2 PER CURIAM FEBRUARY 28, 2006 DILLWYN CORRECTIONAL CENTER/ COMMONWEALTH OF VIRGINIA

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Bernice Stafford-Turner, on brief), for appellant.

(Robert F. McDonnell, Attorney General; Maureen Riley Matsen, Deputy Attorney General; Scott J. Fitzgerald, Senior Assistant Attorney General; Donald G. Powers, Senior Assistant Attorney General, on brief), for appellee.

Sophia L. Banks appeals a decision of the Workers’ Compensation Commission finding that she failed to prove she sustained an injury by accident arising out of her employment on July 18, 2004. 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 Banks v. Dillwyn Correctional Center/Commonwealth of Virginia, VWC File No. 219-76-23 (Sept. 9, 2005). 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.

* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

We deny appellee’s motion to dismiss the appeal.