McQuay, Inc. and Travelers Indemnity Company of America v. Scott M. Wood

COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Clements and Senior Judge Annunziata

MCQUAY, INC. AND

TRAVELERS INDEMNITY COMPANY

OF AMERICA

MEMORANDUM OPINION * v. Record No. 0413-08-3 PER CURIAM JUNE 24, 2008 SCOTT M. WOOD

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert M. Himmel; Lucas & Kite, PLC, on brief), for appellants.

(A. Thomas Lane, Jr., on brief), for appellee.

McQuay, Inc. and its insurer (hereinafter referred to as “employer”) appeal a decision of the Workers’ Compensation Commission awarding Scott M. Wood (claimant) temporary total disability benefits beginning October 6, 2006 and continuing. Employer contends no credible evidence supports the commission’s finding that claimant proved ongoing partial disability after November 7, 2006. 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 Wood v. McQuay, Inc., VWC File No. 230-64-65 (Jan. 15, 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.