Republic Services of Virgina, LLC et al. v. George P. Opoku

COURT OF APPEALS OF VIRGINIA
Present: Judges Alston, Chafin and Senior Judge Haley
REPUBLIC SERVICES OF VIRGINIA, LLC
AND INDEMNITY INSURANCE COMPANY
OF NORTH AMERICA
MEMORANDUM OPINION*
v. 	Record No. 0696-16-4 	PER CURIAM
AUGUST 9, 2016
GEORGE P. OPOKU
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephanie S. Ryan; Ryan Law, PLLC, on brief), for appellants.
(W. David Falcon, Jr.; Michael Herdman; Chasen & Boscolo, P.C.,
on brief), for appellee.
Republic Services of Virginia, LLC (“employer”) appeals from an April 5, 2016 opinion
of the Workers’ Compensation Commission. The Commission affirmed a deputy
commissioner’s opinion finding that George P. Opoku (“claimant”) sustained a compensable
injury by accident and that his claim was not barred by willful misconduct. On appeal, employer
contends the Commission erred by (1) concluding employer failed to prove claimant willfully
breached a safety rule, (2) affirming the deputy commissioner’s “creation of an exception to the
safety rule,” (3) affirming the deputy commissioner’s discovery rulings, and (4) finding claimant
proved a compensable injury by accident.
Upon reviewing the record and briefs, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the Commission’s decision. Rule 5A:27. We affirm for the
reasons stated by the Commission in its final opinion. See Opoku v. Republic Servs. of Va.,
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
UNPUBLISHED

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LLC, JCN VA00001057847 (Apr. 5, 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.