Gloria Anne Fleming v. Philip Morris USA, Inc. and American Protection Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Powell and Senior Judge Clements
GLORIA ANNE FLEMING
MEMORANDUM OPINION*
v. 	Record No. 1878-10-2 	PER CURIAM
JANUARY 25, 2011
PHILIP MORRIS USA, INC. AND
AMERICAN PROTECTION INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(T. Bryan Byrne, on briefs), for appellant.
(Michael N. Salveson; Andrea K. Zizzi; Littler Mendelson, on brief),
for appellees.
Gloria Anne Fleming appeals a decision of the Workers’ Compensation Commission
finding (1) she was not underpaid $4,293.38 in compensation benefits, and was, instead,
overpaid $558.80 in compensation benefits; (2) she was not entitled to a twenty percent penalty
on unpaid compensation benefits, attorney’s fees and costs; (3) cost of living allowances were
not payments under Code § 65.2-524, and she was not entitled to any penalties for late payment
of her cost of living adjustments; and (4) there was no evidence Philip Morris, USA, Inc. and its
insurer, American Protection Insurance Company, denied responsibility for payment of
compensation without reasonable grounds, or withheld payments intentionally or in bad faith.
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
Fleming v. Philip Morris, USA, Inc., VWC File No. 213-50-38 (Aug. 12, 2010). 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.

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presented in the materials before the Court and argument would not aid the decisional process.
See Code § 17.1-403; Rule 5A:27.
Affirmed.