Boston Concrete Products and Employers Insurance of Wausau v. The Estate of Johnnie Alan Wilkerson

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Felton and Senior Judge Willis
BOSTON CONCRETE PRODUCTS AND
EMPLOYERS INSURANCE OF WAUSAU
MEMORANDUM OPINION*
v. 	Record No. 0164-05-3 	PER CURIAM
MAY 10, 2005
THE ESTATE OF JOHNNIE ALAN WILKERSON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(E. Albion Armfield; Frith Anderson & Peake, P.C., on brief), for
appellants.
(Stephen G. Bass; Carter Craig, Attorneys at Law, on brief), for
appellee.
Boston Concrete Products and its insurer (hereinafter referred to as “employer”) appeal a
decision of the Workers' Compensation Commission refusing to terminate or suspend the
outstanding award of death benefits in favor of Sandra O. Wilkerson (widow), and Brian Lee
Rogers and Sabrina Kaye Rogers (dependents) (hereinafter collectively referred to as
“claimant”). Employer contends the commission erred in (1) finding that claimant did not impair
employer’s subrogation rights or lien; and (2) declining to afford employer equitable relief based
upon the doctrine of laches. We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the commission in its final opinion. See
Wilkerson et. al. v. Boston Concrete Products, VWC File No. 192-10-10 (Dec. 17, 2004). We
dispense with oral argument and summarily affirm because the facts and legal contentions are
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.