Jerry Dean Tyree, Sr. v. Bobby's Muffler & Tire Center, Inc.

COURT OF APPEALS OF VIRGINIA

Present: Judges Kelsey, Petty and Senior Judge Bumgardner

JERRY DEAN TYREE, SR.

MEMORANDUM OPINION* v. Record No. 1437-07-1 PER CURIAM OCTOBER 2, 2007 BOBBY’S MUFFLER & TIRE CENTER, INC. AND

VIRGINIA COMMERCE GROUP SELF-INSURANCE

ASSOCIATION

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Richard E. Railey, Jr.; Railey and Railey, P.C., on brief), for appellant.

(J. Brian Slaughter; McKenry, Dancigers, Dawson & Lake, P.C., on brief), for appellees.

Jerry Dean Tyree, Sr. appeals a decision of the Workers’ Compensation Commission finding that he was not totally disabled after June 6, 2006 and that he failed to adequately market his residual work capacity after that date.1 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 Tyree v. Bobby’s Muffler & Tire Ctr., Inc., VWC File No. 227-52-32 (June 11, 2007). 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.