Food Lion, LLC and Delhaize America, Inc. v. Gloria Brooks Tkach

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
FOOD LION, LLC AND
DELHAIZE AMERICA, INC.
MEMORANDUM OPINION*
v. 	Record No. 0649-10-4 	PER CURIAM
AUGUST 3, 2010
GLORIA BROOKS TKACH
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Dov M. Szego; William B. Pierce & Associates, PLLC, on briefs),
for appellants.
(W. David Falcon, Jr.; Chasen & Boscolo, P.C., on brief), for
appellee.
Food Lion, LLC and Delhaize America, Inc. (employer) appeal a decision of the
Workers’ Compensation Commission. On appeal, employer contends (1) the commission’s
opinion was not supported by the evidence; (2) the commission applied an incorrect fraud
standard; (3) the commission erred in finding that employer failed to prove Gloria Tkach
(claimant) procured benefits by fraud; (4) the commission erred in finding that employer did not
detrimentally rely on claimant’s fraud; (5) Dr. Peymaun Lofti’s medical opinion was reliable;
and (6) the commission erred in finding that claimant’s ongoing back treatment was causally
related to her November 20, 2007 workplace accident. 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 Tkach v. Food Lion, LLC, VWC File
No. 236-65-21 (Mar. 5, 2010). We dispense with oral argument and summarily affirm because
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.