New Bell Truck Lines, Inc. and Great West Casualty Company v. Danny Jenkins

COURT OF APPEALS OF VIRGINIA
Present: Judges Alston, Chafin and Senior Judge Haley
NEW BELL TRUCK LINES, INC. AND
GREAT WEST CASUALTY COMPANY
MEMORANDUM OPINION*
v. Record No. 0499-16-2 PER CURIAM
JULY 12, 2016
DANNY JENKINS
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Brandi R. Howell; Franklin & Prokopik, P.C., on brief), for
appellants.
(Seth R. Carroll; Commonwealth Law Group, LLC, on brief), for
appellee.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
New Bell Truck Lines, Inc. and Great West Casualty Company (employer) appeal a
decision of the Workers’ Compensation Commission (Commission) finding that Danny Jenkins
(claimant) was an employee of employer, finding that claimant suffered a compensable injury by
accident arising out of his employment, and awarding medical and disability benefits for his
compensable injuries. On appeal, employer contends the Commission erred in finding:
(1) claimant was an employee and not an independent contractor; (2) claimant sustained a
compensable injury by accident that arose out of claimant’s employment; and (3) employer is not
entitled to a credit for payments made to claimant through the Occupational Accident disability
policy. 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 Jenkins v. New Bell Truck Lines, Inc., VWC File No. VA02000018290 (Feb. 25,
UNPUBLISHED

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2016). 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.