Island Creek Coal Company and Wells Fargo Disability v. Danny Wilson

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Frank, Huff and Senior Judge Haley
ISLAND CREEK COAL COMPANY AND
WELLS FARGO DISABILITY
MEMORANDUM OPINION*
v. 	Record No. 0958-13-3 	PER CURIAM
OCTOBER 8, 2013
DANNY WILSON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Nate D. Moore; Penn, Stuart & Eskridge, on brief), for appellants.
(Gerald F. Sharp, on brief), for appellee.
Island Creek Coal Company and Wells Fargo Disability appeal a decision of the
Workers’ Compensation Commission finding that Danny Wilson’s current symptoms were
causally related to a 1989 work injury and that he is entitled to payment of medical treatment and
medication. Appellants claim the commission failed to consider two MRI reports in determining
whether Wilson’s symptoms were causally related to the 1989 injury, failure to consider the
MRIs was not harmless error, and the commission shifted the burden of proof to the employer to
demonstrate the symptoms were not causally related to the work injury. 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 Wilson v. Island Creek
Coal Co., Consol. Coal Co., VWC File No. JCN 140-83-59 (Apr. 26, 2013). 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.
UNPUBLISHED

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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.