Gilbert C. Martin Company, Inc., et. al. v. Louis Cameron Phillingane

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Beales and Senior Judge Annunziata
GILBERT C. MARTIN COMPANY, INC. AND
WCAMC CONTRACTORS GROUP
SELF-INSURANCE ASSOCIATION 	MEMORANDUM OPINION*
PER CURIAM
v. 	Record No. 1596-09-2 	DECEMBER 15, 2009
LOUIS CAMERON PHILLINGANE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Lorraine B. D’Angelo; Angela F. Gibbs; Midkiff, Muncie & Ross,
P.C., on brief), for appellants.
(Andrew J. Reinhardt; Kerns, Kastenbaum & Reinhardt, on brief),
for appellee.
Gilbert C. Martin Company, Inc., and its insurer appeal a decision of the Workers’
Compensation Commission finding that (1) claimant’s non-compensable injury was a
compensable consequence of his earlier work-related injury; (2) ongoing temporary total
disability benefits were appropriate following claimant’s re-injury; and (3) claimant had no duty
to market his residual work capacity from July 28-August 7, 2008. 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 Phillingane v. Gilbert C.
Martin Co., VWC File No. 235-90-58 (June 23, 2009). We dispense with oral argument and
summarily affirm because the facts and legal contentions are adequately presented in the
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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materials before the Court and argument would not aid the decisional process. See Code
§ 17.1-403; Rule 5A:27.
Affirmed.