Garry Mullins v. Garry Mullins and Granite State Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Powell and Retired Judge Hodges∗
GARRY MULLINS
MEMORANDUM OPINION∗∗
v. 	Record No. 2641-09-3 	PER CURIAM
APRIL 27, 2010
GARRY MULLINS AND
GRANITE STATE INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(James E. Monahan; Johnson, Monahan & Baker, P.L.C., on brief),
for appellant.
(S. Vernon Priddy III; Christopher B. Lambert; Two Rivers Law
Group, P.C., on brief), for appellees.
Garry Mullins (claimant) appeals a decision of the Workers’ Compensation Commission
finding (1) he failed to provide timely notice of his workplace injury to Granite State Insurance
Company (insurer); and (2) failure to provide such notice prejudiced the insurer. Insurer raises
two additional questions for review: (1) whether claimant is barred from arguing that the insurer
was not prejudiced by any defect in notice because he failed to preserve this argument for
appellate review; and (2) whether claimant may argue that evidence of prejudice to the carrier is
germane when claimant failed to establish he had a reasonable excuse for failing to provide
timely notice of his workplace injury. 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 Mullins v. Mullins, VWC File No. 233-94-99 (Oct.
∗ Retired Judge Hodges took part in the consideration of this case by designation pursuant
to Code § 17.1-400(D).
∗∗ Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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28, 2009). 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.