C&R Coal Company and Old Republic Insurance Company v. Eura Dennis Roberts

COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Beales and Senior Judge Clements UNPUBLISHED C&R COAL COMPANY AND OLD REPLUBLIC INSURANCE COMPANY MEMORANDUM OPINION * v. Record No. 0023-13-3 PER CURIAM MAY 7, 2013 EURA DENNIS ROBERTS FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (S. Vernon Priddy III; Michael L. Goff, Jr.; Two Rivers Law Group, P.C., on briefs), for appellants. (John J. Gifford; Browning, Lamie & Gifford, P.C., on brief), for appellee. C&R Coal Company and Old Republic Insurance Company (appellants) appeal a decision of the Workers’ Compensation Commission (commission) finding Roberts’ claim for medical treatment is not barred by Code § 65.2-708. Appellants contend the commission erred in: (1) refusing to reconsider its review opinion; (2) applying Prophet v. Bullock Corp., 59 Va. App. 313, 718 S.E.2d 478 (2011), rather than following prior decisions from the Court of Appeals; and (3) failing to recognize Prophet was wrongly decided. We have reviewed the record and the commission’s opinion and find that this appeal is without merit. Accordingly, we affirm for the reason stated by the commission in its final opinion. See Roberts v. C&R Coal Co., JCN 121-06-28 (Dec. 3, 2012). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented * Pursuant to Code § 17.1-413, this opinion is not designated for publication. in the materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed. -2-