Flippo Lumber Corporation and et. al. v. Deborah Ann Tomlin/The Estate of Randal Cary Tomlin

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Frank, McClanahan and Senior Judge Willis
FLIPPO LUMBER CORPORATION AND
WOOD PRODUCTS OF VIRGINIA GROUP
SELF-INSURANCE ASSOCIATION/SEDGWICK
CLAIMS MANAGEMENT SERVICE, INC.
MEMORANDUM OPINION*
v. 	Record No. 2512-07-2 	PER CURIAM
APRIL 8, 2008
DEBORAH ANN TOMLIN/THE ESTATE
OF RANDAL CARY TOMLIN
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Andrew R. Blair; Blair Law Offices, on briefs), for appellants.
(Jean M. McKeen; Tomlin & McKeen, PLLC, on brief), for
appellee.
Flippo Lumber Corporation and its insurer (hereinafter referred to as “employer”) appeal
a decision of the Workers’ Compensation Commission finding employer failed to sustain its
burden of proving under Code § 65.2-306 that Randal Cary Tomlin (deceased) committed willful
misconduct, which barred the claim filed by Deborah Ann Tomlin. 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 Tomlin v. Flippo Lumber
Corp., VWC File No. 221-75-61 (Oct. 3, 2007). 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.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.