Deborah Lynn Cooper v. BB&T Corporation and Hartford Casualty Insurance Company ( 2007 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Kelsey, Petty and Senior Judge Bumgardner
DEBORAH LYNN COOPER
MEMORANDUM OPINION*
v. Record No. 1083-07-4 PER CURIAM
SEPTEMBER 4, 2007
BB&T CORPORATION AND
HARTFORD CASUALTY INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Jonathan S. Rochkind; Smith, Hudson & Carluzzo, P.C., on brief),
for appellant.
(Daniel E. Lynch; John T. Cornett, Jr.; Williams & Lynch, on brief),
for appellees.
Deborah Lynn Cooper (claimant) appeals a decision of the Workers’ Compensation
Commission finding that she failed to prove she sustained an injury by accident arising out of her
employment on October 10, 2005. Claimant also asserts the commission erred when it failed to
address the deputy commissioner’s findings as to claimant’s credibility.
With respect to the first question, 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 Cooper v. BB&T Corporation, VWC File
No. 227-08-53 (April 3, 2007). 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.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
With respect to the second question, claimant failed to file a motion for reconsideration
or rehearing after the commission issued its April 3, 2007 review opinion in order to present the
commission with the argument she now makes on appeal. Thus, Rule 5A:18 bars our
consideration of this issue because claimant did not provide the commission with the opportunity
to correct any perceived error. In these circumstances, we will not consider this argument for the
first time on appeal. See Williams v. Gloucester Sheriff’s Dep’t, 266 Va. 409, 411, 587 S.E.2d
546, 548 (2003).
Affirmed.
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