The Uninsured Employers' Fund v. Silder A. Martinez

COURT OF APPEALS OF VIRGINIA
Present: Judges McCullough, Decker and Senior Judge Felton
THE UNINSURED EMPLOYERS’ FUND
MEMORANDUM OPINION*
v. 	Record No. 1647-15-4 	PER CURIAM
FEBRUARY 2, 2016
SILDER A. MARTINEZ
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Justin R. Main; Siciliano, Ellis, Dyer & Boccarosse PLC, on briefs),
for appellant.
(Joseph T. Trapeni, Jr., on brief), for appellee.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
The Uninsured Employers’ Fund (the Fund) appeals a decision of the Workers’
Compensation Commission awarding Silder A. Martinez temporary total disability and medical
benefits, finding that Colortrend Home Improvements (employer) did not prove it had less than
three employees regularly in service. The Fund argues that the Commission “erroneously
applied a heightened evidentiary standard to employer’s jurisdictional defense by requiring it to
produce business documents to meet its burden of proof.” The Fund also contends the
Commission’s finding that employer “did not meet its burden of proving it regularly employed
less than three employees, and is therefore subject to the Virginia Workers’ Compensation Act,
is unsupported by credible evidence.”
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 Martinez v. Colortrend, VWC File No. VA02000018712 (Oct. 5, 2015). We
UNPUBLISHED

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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.