Community Residences, Inc. and Technology Insurance Company v. Estelle B. Rice

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Beales and Senior Judge Annunziata
COMMUNITY RESIDENCES, INC. AND
TECHNOLOGY INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 2572-11-2 	PER CURIAM
MAY 29, 2012
ESTELLE B. RICE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(S. Vernon Priddy III; Two Rivers Law Group, P.C., on brief), for
appellants.
(William B. Keown; Gordon, Dodson, Gordon & Rowlett, on brief),
for appellee.
Community Residences, Inc. and Technology Insurance Company (hereinafter referred to
as employer) appeal a decision of the Workers’ Compensation Commission finding Estelle B.
Rice (claimant) performed work with employer that was substantially similar to her employment
with another employer and that she proved that she suffered compensable injuries to her right
knee, neck, and both hands resulting in total disability beginning November 19, 2009. Employer
contends the commission erred by (1) finding claimant’s employments with both employers
“were substantially similar and, therefore, calculating her average weekly wage based upon her
earnings from both employers,” (2) finding claimant was totally disabled and that such disability
was related to her industrial accident, and (3) “refusing to find that [claimant] failed to market
her residual capacity adequately.”
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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 Rice v. Community Residences, Inc., JCN VA000-0019-0953 (Nov. 21, 2011).
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.