Clyde Keith Cale v. Nibco, Inc. and Zurich American Insurance Company ( 2008 )


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  •                                COURT OF APPEALS OF VIRGINIA
    Present: Judges Humphreys, Beales and Retired Judge Fitzpatrick*
    CLYDE KEITH CALE
    MEMORANDUM OPINION * *
    v.     Record No. 0594-08-3                                            PER CURIAM
    JULY 8, 2008
    NIBCO, INC. AND
    ZURICH AMERICAN INSURANCE COMPANY
    FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
    (A. Thomas Lane, Jr., on brief), for appellant.
    (Frederick T. Schubert, II; Angela F. Gibbs; Midkiff, Muncie &
    Ross, P.C., on brief), for appellees.
    Clyde Keith Cale appeals a decision of the Workers’ Compensation Commission
    suspending his temporary total disability benefits as of October 27, 2006, based upon its finding
    that employer proved claimant was fully able to perform his pre-injury employment. 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 Cale v.
    Nibco, Inc., VWC File No. 205-62-34 (Feb. 5, 2008). 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.
    * Judge Fitzpatrick took part in the consideration of this case prior to the effective date of
    her retirement as senior judge on July 1, 2008 and thereafter by designation pursuant to Code
    § 17.1-400(D).
    **
    Pursuant to Code § 17.1-413, this opinion is not designated for publication.
    - 2-
    

Document Info

Docket Number: 0594083

Filed Date: 7/8/2008

Precedential Status: Non-Precedential

Modified Date: 4/17/2021