Court of Appeals of Virginia, 2011

Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York

Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York
Court of Appeals of Virginia · Decided August 2, 2011

Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Kelsey, Petty and Senior Judge Bumgardner

STEVEN B. CROUCH MEMORANDUM OPINION * v. Record No. 0603-11-2 PER CURIAM AUGUST 2, 2011 BATTLEFIELD FARMS, INC. AND NORTHERN INSURANCE COMPANY OF NEW YORK

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert Dwoskin, on brief), for appellant.

(Frederick T. Schubert, II; Angela F. Gibbs; Midkiff, Muncie & Ross, P.C., on brief), for appellees.

Steven B. Crouch appeals a decision of the Workers’ Compensation Commission. He asserts the commission erred in (1) rejecting his testimony regarding the severity of his symptoms after spending an entire day fixing a machine for employer as evidence of an injury by accident resulting from a “discernable incident,” and (2) concluding a single work event occurring over the course of one day could not be classified as an injury by accident in the absence of a “distinct onset of symptoms.” We have reviewed the record and the commission’s opinion and find this appeal is without merit. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Crouch v. Battlefield Farms, Inc., VWC File No. 241-48-21 (Mar. 8, 2011). 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.

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

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