Carol Burke, etc. v. Dickenson-Russell Coal Company, LLC, et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Frank, Huff and Senior Judge Haley
CAROL BURKE, SURVIVING DEPENDENT
SPOUSE OF MICHAEL BURKE
MEMORANDUM OPINION*
v. 	Record No. 2196-13-3 	PER CURIAM
APRIL 22, 2014
DICKENSON-RUSSELL COAL COMPANY, LLC AND
CHARTIS PROPERTY CASUALTY COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephen W. Mullins, on brief), for appellant.
(Timothy W. Gresham; Penn, Stuart & Eskridge, on brief), for
appellees.
Carol Burke, the surviving dependent spouse of Michael Burke,1 appeals a decision of the
Workers’ Compensation Commission (“the commission”) finding that the evidence failed to
prove by a preponderance of the evidence that Michael Burke suffered from the occupational
disease of coal workers’ pneumoconiosis. 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 Burke v. Dickenson-Russell Coal Co., VWC File
No. VA02000010648 (Oct. 31, 2013). 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.
1 Michael Burke died on December 20, 2012.
UNPUBLISHED