Big Lots Stores, Inc. and Arch Insurance Company v. Howard Clute

COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, O’Brien and Senior Judge Bumgardner
BIG LOTS STORES, INC. AND
ARCH INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0206-15-2 	PER CURIAM
JUNE 9, 2015
HOWARD CLUTE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Nicholas P. Marrone; Semmes, Bowen & Semmes, P.C., on brief),
for appellants.
(Michael J. Beste; Reinhardt Harper Davis, PLC, on brief), for
appellee.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Big Lots Stores, Inc. and Arch Insurance Company (collectively “employer”) appeal the
decision of the Workers’ Compensation Commission (“commission”) awarding Howard Clute
(“claimant”) a medical award for a right knee injury. On appeal, employer argues the
commission erred in determining claimant’s benefits for the right knee injury was not barred by
the doctrine of res judicata. We have reviewed the record and the commission’s opinions and
find that this appeal is without merit. Accordingly, we affirm for the reasons stated by the
commission in its opinions. See Clute v. Big Lots Stores, Inc., JCN VA00000420654 (June 5,
2014 and Jan. 14, 2015). 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.
UNPUBLISHED