Dale Stanley Trucking, Inc. and American Mining Insurance Company v. Charles C. Smith ( 2007 )

COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, Beales and Senior Judge Fitzpatrick DALE STANLEY TRUCKING, INC. AND AMERICAN MINING INSURANCE COMPANY MEMORANDUM OPINION* v. Record No. 0252-07-3 PER CURIAM JUNE 5, 2007 CHARLES C. SMITH FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (John R. Sigmond; Penn, Stuart & Eskridge, on brief), for appellants. (Kerry S. Hay; Lee & Phipps, P.C., on brief), for appellee. Dale Stanley Trucking, Inc. and its insurer (hereinafter referred to as “employer”) appeal a decision of the Workers’ Compensation Commission finding that (1) the panel of physicians offered by employer to Charles C. Smith (claimant) was defective; and (2) employer was liable for payment of medical treatment provided to claimant by and through Dr. Robert Means. 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 Smith v. Dale Stanley Trucking, Inc., VWC File No. 227-98-45 (Jan. 17, 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. Affirmed. * Pursuant to Code § 17.1-413, this opinion is not designated for publication.