COURT OF APPEALS OF VIRGINIA

Present: Judges Haley, Millette and Senior Judge Coleman

JERRY LEE SALYERS MEMORANDUM OPINION * v. Record No. 0764-08-3 PER CURIAM JULY 22, 2008 MARK FREEMAN ASSOCIATES, INC. AND AMERISURE MUTUAL INSURANCE COMPANY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Clarence E. Phillips, on brief), for appellant.

(S. Vernon Priddy III; Mark M. Caldwell III; Sands Anderson Marks & Miller, P.C., on brief), for appellees.

Jerry Lee Salyers appeals a decision of the Workers’ Compensation Commission finding he failed to prove that he has Meniere’s disease as a result of his compensable September 5, 2006 injury by accident. 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 Salyers v. Mark Freeman Associates, Inc., VWC File No. 230-17-36 (Mar.

12, 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.