Washington Dulles International and Ins. Co. of the State of Pa. v. Atia Elyass ( 2014 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Petty, Chafin and Senior Judge Annunziata
UNPUBLISHED
WASHINGTON DULLES INTERNATIONAL AND
INS. CO. OF THE STATE OF PA.
MEMORANDUM OPINION*
v. Record No. 1169-14-4 PER CURIAM
NOVEMBER 12, 2014
ATIA ELYASS
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Dennis Boyd Cook; Midkiff, Muncie & Ross, P.C., on brief), for
appellants.
(W. David Falcon; Chasenboscolo Injury Lawyers, on brief), for
appellee.
Washington Dulles International and Ins. Co. of the State of Pa. (collectively
“employer”) appeal the decision of the Workers’ Compensation Commission (“commission”)
awarding Atia Elyass (“claimant”) temporary total disability benefits from January 3 through
January 7, 2012 and finding that employer failed to establish the doctrine of res judicata barred
the award. On appeal, employer argues that on August 17, 2012, a deputy commissioner
determined claimant failed to prove an injury by accident, claimant did not request review of the
order, claimant subsequently filed an additional claim, the claim was identical to the one denied
by the August 17, 2012 order, and the doctrine of res judicata barred further litigation of the
claim. 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 Elyass v. Washington Dulles Int’l, JCN 00000786796 (May 28, 2014). We
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
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.
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