Bernard L. DiNicola v. Target Corporation

COURT OF APPEALS OF VIRGINIA

Present: Judges Humphreys, Beales and Retired Judge Fitzpatrick*

BERNARD L. DINICOLA, JR.

MEMORANDUM OPINION * * v. Record No. 2726-07-4 PER CURIAM JULY 22, 2008 TARGET CORPORATION

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Bernard L. DiNicola, Jr., pro se, on briefs).

(Joseph F. Giordano; Anne-Marie K. Zell; Semmes, Bowen & Semmes, on brief), for appellee.

Bernard L. DiNicola, Jr. (claimant) appeals a decision of the Workers’ Compensation Commission finding that (1) he failed to prove he was disabled from work as a result of his compensable October 15, 2004 injury by accident; (2) he failed to prove he sustained an injury by accident arising out of and in the course of his employment on December 9, 2005; and (3) the deputy commissioner did not err in failing to strike Target’s defenses. 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 DiNicola v. Target, VWC File Nos. 226-72-33 & 226-81-77 (Oct. 11, 2007). We dispense with oral argument and

*

Judge Fitzpatrick took part in the consideration of this case prior to the effective date of her retirement as senior judge on July 1, 2008 and thereafter by designation pursuant to Code § 17.1-400(D). 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.