Nestle USA, Inc. and Ace American Insurance Company v. Keith P. Ellis

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, O’Brien and Senior Judge Bumgardner
NESTLE USA, INC. AND
ACE AMERICAN INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0528-15-1 	PER CURIAM
JULY 14, 2015
KEITH P. ELLIS
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Tenley Carroll Seli; Billy & Seli, PC, on brief), for appellants.
(Adam B. Shall; Philip J. Geib, P.C., on brief), for appellee.
Nestle USA, Inc. and Ace American Insurance Company (employer) appeal a decision of
the Workers’ Compensation Commission awarding benefits for an injury to the left shoulder of
Keith P. Ellis (claimant). Employer contends the commission erred in holding (1) claimant’s
claim for medical and indemnity benefits for his left shoulder is not barred by the statute of
limitations; (2) the exception addressed in Corporate Res. Mgmt, Inc. v. Southers, 51 Va. App.
118, 655 S.E.2d 34 (2008) (en banc), was applicable to claimant’s claim for medical and
indemnity benefits for his left shoulder; and (3) there was credible evidence that claimant
sustained a compensable injury by accident to his left shoulder on November 3, 2011. 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 Ellis v.
Nestle USA, Inc., VWC File No. VA00000538586 (Mar. 5, 2015). 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.
UNPUBLISHED

- 2 -
in the materials before the Court and argument would not aid the decisional process. See Code
§ 17.1-403; Rule 5A:27.
Affirmed.