Clinchfield Coal Company and The Pittson Company v. Franklin Lewis Calo

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Frank, Alston and Senior Judge Coleman
CLINCHFIELD COAL COMPANY AND
THE PITTSON COMPANY
MEMORANDUM OPINION*
v. 	Record No. 2181-10-3 	PER CURIAM
FEBRUARY 22, 2011
FRANKLIN LEWIS CALO
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Ramesh Murthy; Penn, Stuart & Eskridge, on brief), for appellants.
(Paul L. Phipps; Jason A. Mullins; Lee & Phipps, P.C., on brief), for
appellee.
Clinchfield Coal Company and its insurer, The Pittson Company, appeal a decision of the
Workers’ Compensation Commission finding Franklin Lewis Calo’s July 27, 2009 motion to
amend his claim for temporary total disability benefits related back to his November 17, 2008
claim for temporary total disability benefits, and was not time-barred by Code § 65.2-708. 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
Calo v. Clinchfield Coal Co., VWC File No. 205-92-23 (Sept. 24, 2010). 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.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.