COURT OF APPEALS OF VIRGINIA

Present: Judges Humphreys, Powell and Senior Judge Clements

HOME-KIM GROUP, INC./HOME-KIM CONTRACTORS AND AIG CASUALTY/AMERICAN HOME ASSURANCE COMPANY/AIG DOMESTIC CLAIMS, INC. MEMORANDUM OPINION * v. Record No. 2112-09-4 PER CURIAM MARCH 30, 2010 NELSON ACUNA, MILTON RAUL GONZALEZ/GONZALEZ BROTHERS SIDING, INC. AND UNINSURED EMPLOYER’S FUND

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (S. Vernon Priddy III; Two Rivers Law Group, P.C., on brief), for appellants.

(Douglas A. Seymour; Siciliano, Ellis, Dyer & Boccarosse PLC, on brief), for appellee Uninsured Employer’s Fund.

No brief for appellees Nelson Acuna and Milton Raul Gonzalez/ Gonzalez Brothers Siding, Inc.

Home-Kim Group, Inc./ Home-Kim Contractors and its insurer appeal a decision of the Workers’ Compensation Commission finding that (1) Home-Kim was Nelson Acuna’s statutory employer at the time he was injured, and (2) its insurer received timely notice of Acuna’s claim for benefits. 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 Acuna v. Milton Raul Gonzalez/Gonzalez Brothers Siding, Inc., VWC File No. 235-03-55 (Aug. 24, 2009). We dispense with oral argument and summarily affirm because

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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.

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