Clyde Keith Cale v. Nibco, Inc. and Zurich American Insurance Company

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COURT OF APPEALS OF VIRGINIA

Present: Judges Humphreys, Beales and Retired Judge Fitzpatrick”

CLYDE KEITH CALE
MEMORANDUM OPINION
V. Record No. 0594-08-3 PER CURIAM
JULY 8, 2008

NIBCO, INC. AND
ZURICH AMERICAN INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(A. Thomas Lane, Jr, on brief), for appellant.
(Fredenck T. Schubert, II; Angela F. Gibbs; Midkiff, Muncie &
Ross, P.C., on bref), for appellees.

Clyde Keith Cale appeals a decision of the Workers’ Compensation Commission
suspending his temporary total disability benefits as of October 27, 2006, based upon its finding
that employer proved claimant was fully able to perfomn his pre-injury employment. We have
reviewed the record and the commission’ s opinion and find that this appeal is without ment.
Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Calev.

Nibco, Inc., VWC File No. 205-62-34 (Feb. 5, 2008). We dispense with oral argument and

summanily affirm because the facts and legal contentions are adequately presented in the
matenals before the Court and argument would not aid the decisional process. See Code
§ 17.1-403; Rule 5A:27.

Affirmed.

* Judge Fitzpatrick took part in the consideration of this case prior to the effective date of
her retirement as senior judge on July 1, 2008 and thereafter by designation pursuant to Code
§ 17.1-400(D).

™ Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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