Earnest Collins v. Lebo Mining Co. and Commerce and Industry Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, McCullough and Senior Judge Bumgardner
EARNEST COLLINS
MEMORANDUM OPINION*
v. 	Record No. 0014-13-3 	PER CURIAM
APRIL 23, 2013
LEBO MINING CO. AND
COMMERCE AND INDUSTRY INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephen W. Mullins, on brief), for appellant.
(S. Vernon Priddy III; Sarah Y.M. Himmel; Two Rivers Law Group,
P.C., on brief), for appellees.
Earnest Collins (claimant) appeals a decision of the Workers’ Compensation Commission
awarding him medical benefits pursuant to Code § 65.2-603 for the occupational disease of coal
worker’s pneumoconiosis and affirming the deputy commissioner’s denial of compensation for
the occupational disease pursuant to Code § 65.2-504(A)(1). Claimant contends the commission
erred by denying him compensation under Code § 65.2-504(A)(1).
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 Collins v. Lebo Mining Co., JCN VA020-0000-4732 (Dec. 3, 2012). 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.
UNPUBLISHED