United Parcel Service, Inc. and Liberty Insurance Corporation v. Michael Roger Masterson

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
UNITED PARCEL SERVICE, INC. AND
LIBERTY INSURANCE CORPORATION
MEMORANDUM OPINION*
v. 	Record No. 0047-10-1 	PER CURIAM
MAY 18, 2010
MICHAEL ROGER MASTERSON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Patricia C. Arrighi; PennStuart, on brief), for appellants.
(Philip J. Geib; Philip J. Geib, P.C., on brief), for appellee.
United Parcel Service, Inc. and Liberty Insurance Corporation (employer) appeal a
decision of the Workers’ Compensation Commission concluding Michael Roger Masterson
(claimant) experienced a change in circumstances whereby his current back injuries required the
commission to terminate an award of temporary total disability benefits resulting from his
October 13, 2002 workplace injury and establish an award of temporary total disability benefits
for a disability related to his August 27, 2007 workplace injury. Employer contends the
commission was without authority to terminate the 2002 award because the deputy commissioner
failed to address the issue in an evidentiary hearing. Employer also contends the commission
erred in terminating the 2002 award instead of vacating the entire award based upon new medical
evidence. 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 Masterson v. United Parcel Service, Inc., VWC File Nos. 212-13-72, 235-46-46
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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(Dec. 16, 2009). 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.