COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, Alston and Senior Judge Coleman

RODNEY D. McNAIR MEMORANDUM OPINION * v. Record No. 2198-10-2 PER CURIAM MARCH 8, 2011 REINHART FOOD SERVICE, LLC AND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Seth R. Carroll; Geoff McDonald & Associates, P.C., on brief), for appellant.

(Kevin W. Cloe; Angela F. Gibbs; Midkiff, Muncie & Ross, P.C., on brief), for appellees.

Rodney McNair appeals a decision of the Workers’ Compensation Commission denying his claim for benefits. On appeal, he contends (1) the commission erred in finding he failed to prove he suffered a compensable injury by accident arising out of and in the course of his employment; and (2) the commission did not properly weigh the medical evidence.

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 McNair v. Reinhart Food Serv., LLC, File No. VA00000093682 (Sept. 15, 2010).

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.