Flippo Lumber Corporation and v. Deborah Ann Tomlin/The Estate of Randal Cary Tomlin

COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, McClanahan and Senior Judge Willis

FLIPPO LUMBER CORPORATION AND

WOOD PRODUCTS OF VIRGINIA GROUP

SELF-INSURANCE ASSOCIATION/SEDGWICK

CLAIMS MANAGEMENT SERVICE, INC.

MEMORANDUM OPINION * v. Record No. 2512-07-2 PER CURIAM APRIL 8, 2008 DEBORAH ANN TOMLIN/THE ESTATE

OF RANDAL CARY TOMLIN

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Andrew R. Blair; Blair Law Offices, on briefs), for appellants.

(Jean M. McKeen; Tomlin & McKeen, PLLC, on brief), for appellee.

Flippo Lumber Corporation and its insurer (hereinafter referred to as “employer”) appeal a decision of the Workers’ Compensation Commission finding employer failed to sustain its burden of proving under Code § 65.2-306 that Randal Cary Tomlin (deceased) committed willful misconduct, which barred the claim filed by Deborah Ann Tomlin. 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 Tomlin v. Flippo Lumber Corp., VWC File No. 221-75-61 (Oct. 3, 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.