Keyser Brothers, Inc. and Contintental Casualty Company v. Kenneth W. Keyser ( 2009 )

COURT OF APPEALS OF VIRGINIA Present: Judges McClanahan, Haley and Senior Judge Willis KEYSER BROTHERS, INC. AND CONTINENTAL CASUALTY COMPANY MEMORANDUM OPINION * v. Record No. 2731-08-2 PER CURIAM APRIL 28, 2009 KENNETH W. KEYSER FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Scott C. Ford; James J. Bouchard, III; McCandlish Holton, PC, on briefs), for appellants. R. Ferrell Newman (Newman & Wright, RLLP, on brief), for appellee. Keyser Brothers, Inc. and its insurer (hereinafter “employer”) appeal a decision of the Workers’ Compensation Commission awarding medical benefits to Kenneth W. Keyser. Employer contends the commission erred in holding that the doctrine of imposition prevented employer from relying upon a statute of limitations defense. 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 Keyser v. Keyser Bros., Inc., VWC File No. 223-96-38 (Oct. 23, 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. * Pursuant to Code § 17.1-413, this opinion is not designated for publication.