Pilgrims Pride Corporation and Zurich American Insurance Company v. Angelica Pizano-Murillo ( 2008 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Haley, Millette and Senior Judge Coleman
PILGRIMS PRIDE CORPORATION AND
ZURICH AMERICAN INSURANCE COMPANY
MEMORANDUM OPINION *
v. Record No. 0949-08-4 PER CURIAM
AUGUST 12, 2008
ANGELICA PIZANO-MURILLO
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Kristin A. Zech; Wharton, Aldhizer & Weaver, P.L.C., on brief), for
appellants.
(George L. Townsend; The Chandler Law Group, on brief), for
appellee.
Pilgrims Pride Corporation and its insurer (hereinafter referred to as “employer”) appeal a
decision of the Workers’ Compensation Commission finding that (1) employer failed to prove
Angelica Pizano-Murillo’s (claimant) October 24, 2006 work-related injury was the result of her
willful misconduct and violation of a known safety rule 1 ; and (2) claimant proved entitlement to
temporary total disability benefits from November 7, 2006 through November 27, 2006. 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
Pizano-Murillo v. Pilgrims Pride Corp., VWC File No. 231-30-01 (Mar. 18, 2008). We dispense
with oral argument and summarily affirm because the facts and legal contentions are adequately
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
1
The commission also ruled that “[e]ven assuming arguendo that the claimant knew of a
safety rule, the employer did not routinely enforce any rule.”
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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