Roxanne Potter v. ITT Night Vision and Indemnity Insurance Company of North America ( 2011 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Beales and Senior Judge Annunziata
ROXANNE POTTER
MEMORANDUM OPINION *
v. Record No. 0102-11-3 PER CURIAM
JUNE 7, 2011
ITT NIGHT VISION AND
INDEMNITY INSURANCE COMPANY
OF NORTH AMERICA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Roxanne Potter, pro se, on brief).
(Linda D. Frith; Frith Anderson & Peake, PC, on brief), for
appellees.
Roxanne Potter appeals a decision of the Workers’ Compensation Commission. She
contends the commission (1) overlooked the fact that complex regional pain syndrome/reflex
sympathetic dystrophy (CRPS/RSD) affects her speech, but not her memory; (2) overlooked the
fact that CRPS/RSD begins with trauma; (3) overlooked the fact that medical evidence from
Dr. Marc Swanson established her trauma occurred in ITT Night Vision’s (employer) parking
lot; (4) overlooked the fact that medical evidence from Dr. James Chandler established her
trauma was caused by stepping into a hole in employer’s parking lot; (5) overlooked the
significance of the evidence from Breland M. Joines, PA-C and Dr. David Keilman that she had
shooting pain indicating nerve damage; (6) overlooked medical evidence from Dr. Swanson that
CRPS/RSD resulted from nerve damage she sustained in the employer’s parking lot on
December 11, 2008; (7) overlooked the fact that employer’s witness was the “wrong man”;
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
(8) erred in failing to properly enter evidence she provided into the record; (9) erred in failing to
consider photographs she labeled with arrows pointing to the location where her accident
occurred; (10) erred in overlooking the disabilities appellant suffers as a result of her
CRPS/RSD; (11) erred in overlooking evidence from the United States Environmental Protection
Agency detailing the condition of employer’s parking lot; (12) overlooked evidence from United
States Attorney John Brownlee detailing the many problems involved with conducting an
investigation of employer; (13) failed to consider excerpts from the book she authored entitled
How to Understand a Person with Complex Regional Pain Syndrome/ Reflex Sympathetic
Dystrophy; and (14) was partial and discriminated against her because she has CRPS/RSD. We
have reviewed the record and the commission’s opinion and find that this appeal is without
merit. 1 Accordingly, we affirm for the reasons stated by the commission in its final opinion.
See Potter v. ITT Night Vision, VWC File No. VA000-0004-7064 (Nov. 30, 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.
1
Because we are affirming the commission’s decision on the merits, we need not address
employer’s motion to dismiss for failure to comply with Rule 5A:25.
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