Court of Appeals of Virginia, 2009

United Parcel Service Inc. & Liberty Insurance Corp. v. Chamberlain S. Cotton

United Parcel Service Inc. & Liberty Insurance Corp. v. Chamberlain S. Cotton
Court of Appeals of Virginia · Decided April 14, 2009

United Parcel Service Inc. & Liberty Insurance Corp. v. Chamberlain S. Cotton

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judge Haley, Senior Judge Willis and Retired Judge Hodges ∗

UNITED PARCEL SERVICE, INC. AND LIBERTY INSURANCE CORPORATION MEMORANDUM OPINION ∗∗ v. Record No. 2637-08-2 PER CURIAM APRIL 14, 2009 CHAMBERLAIN S. COTTON

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Patricia C. Arrighi; PennStuart, on brief), for appellants.

(Jamie L. Karek; Geoffrey R. McDonald & Associates, on brief), for appellee.

United Parcel Service, Inc. and Liberty Insurance Corporation (hereinafter referred to as employer) appeal a decision of the Workers’ Compensation Commission finding that Chamberlain S. Cotton (claimant) suffered a compensable consequential injury to his knee following an injury he sustained to his back. Employer contends the commission erred in determining that claimant’s knee injury was a compensable consequence of the compensable back injury. 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 Cotton v. United Parcel Service, Inc., VWC File No. 234-39-19 (Oct. 16, 2008). We dispense with oral argument and summarily affirm because the facts and legal

∗ Retired Judge Hodges took part in the consideration of this case by designation pursuant to Code § 17.1-400(D). ∗∗ Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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.

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