COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Clements and Senior Judge Annunziata

JODY DOUGLAS BALES MEMORANDUM OPINION * v. Record No. 1005-08-3 PER CURIAM JULY 22, 2008 K & O SYNTHETICS, INC. AND AUTO-OWNERS INSURANCE COMPANY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Jody Douglas Bales, pro se, on brief).

(Thomas G. Bell, Jr.; Timberlake, Smith, Thomas & Moses, P.C., on brief), for appellees.

Jody Douglas Bales (claimant) appeals a decision of the Workers’ Compensation Commission dismissing his August 28, 2006 claim with prejudice. Claimant argues the commission (1) violated his due process rights; and (2) abused its discretion by dismissing his claim with prejudice when there were other options available. 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 Bales v. K & O Synthetics, Inc., VWC File No. 229-83-62 (Mar. 7, 2008). 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.