Lawrence P. Flaig v. Virginia Employment Commission, et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
LAWRENCE P. FLAIG
MEMORANDUM OPINION*
v. 	Record No. 1404-11-3 	PER CURIAM
DECEMBER 13, 2011
VIRGINIA EMPLOYMENT COMMISSION AND
GEORGE WYTHE ALBERT d/b/a FAS-T-LUBE
FROM THE CIRCUIT COURT OF WYTHE COUNTY
Josiah T. Showalter, Jr., Judge
(Eric R. Thiessen; McElroy, Hodges, Caldwell & Thiessen, on
briefs), for appellant.
(Kenneth T. Cuccinelli, II, Attorney General; Elizabeth B. Peay,
Assistant Attorney General, on brief), for appellee Virginia
Employment Commission.
No brief for appellee George Wythe Albert d/b/a Fas-T-Lube.
Lawrence P. Flaig appeals the circuit court’s decision affirming a decision by the
Virginia Employment Commission (VEC). The VEC concluded that Flaig’s misconduct
disqualified him from unemployment benefits. We have reviewed the record, the opinions of the
VEC deputy commissioner, the VEC appeals examiner, the VEC special examiner, and the
circuit court’s June 14, 2011 final order, and find that this appeal is without merit. Accordingly,
we affirm for the reasons stated in the special examiner’s opinion, as affirmed by the circuit
court in its final order dismissing Flaig’s petition for judicial review of the VEC’s decision. See
Flaig v. Albert, Comm’n Decision 94939-C (Oct. 27, 2010), aff’d, Flaig v. Virginia Emp’t
Comm’n, Case No. CL10000310-00 (June 14, 2011). We dispense with oral argument and
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.