Holtzman Corp. and Federated Services Ins. Co. v. Wade Allen Seekford

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Powell and Senior Judge Clements
HOLTZMAN CORP. AND
FEDERATED SERVICE INS. CO.
MEMORANDUM OPINION*
v. 	Record No. 0123-11-3 	PER CURIAM
MAY 17, 2011
WADE ALLEN SEEKFORD
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Joshua M. Wulf; Angela F. Gibbs; Midkiff, Muncie & Ross, P.C.,
on brief), for appellants.
(A. Thomas Lane, Jr., on brief), for appellee.
Holtzman Corp. and Federated Service Ins. Co. (collectively, “employer”) appeal a
decision of the Workers’ Compensation Commission. Employer contends the commission erred
in: (1) applying the dissimilar employment rule; (2) failing to find Wade Allen Seekford had an
increase in earnings post-injury and in refusing to impute post-injury earnings to Seekford;
(3) finding Seekford did not return to employment when he began to work for Superior Sealing
and Maintenance, Inc. (“Superior”), in April 2009; and (4) failing to find Seekman neglected to
report a return to employment and/or increase in earnings to employer when he returned to work
for Superior. 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 Seekford v. Holtzman Corp., VWC File No. VA010-0242-3592 (Dec. 20,
2010). We dispense with oral argument and summarily affirm because the facts and legal
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.