Updike Industries, Inc. and Commerce & Industry Insurance Company v. Anthony Lionell Thacker, III

COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Beales and Senior Judge Annunziata
UPDIKE INDUSTIES, INC. AND
COMMERCE & INDUSTRY INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 2540-10-4 	PER CURIAM
MAY 3, 2011
ANTHONY LIONELL THACKER, III
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Alex M. Mayfield; Jordan Coyne & Savatis, LLP, on brief), for
appellants.
No brief for appellee.
Updike Industries, Inc., and its insurer, Commerce & Industry Insurance Company,
(collectively “employer”) appeal a decision of the Workers’ Compensation Commission.
Employer asserts the commission erred in awarding benefits because appellee did not sustain an
unexpected, accidental injury. Employer also contends the evidence was legally insufficient to
establish the claimant sustained an injury by accident rather than a gradually-incurred injury or
cumulative trauma. 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 Thacker v. Updike Indus., Inc., VWC File No. VA00000040967 (Oct. 28,
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.