James Stone v. Skyline Automotive, Inc. and Accident Fund National Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: Judges Petty, AtLee and Senior Judge Clements
JAMES STONE
MEMORANDUM OPINION*
v. 	Record No. 1048-15-4 	PER CURIAM
OCTOBER 20, 2015
SKYLINE AUTOMOTIVE, INC. AND
ACCIDENT FUND NATIONAL INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(David B. Vermont; Ashcraft & Gerel, LLP, on brief), for appellant.
(Brandi R. Howell; Franklin & Prokopik, P.C., on brief), for
appellees.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
James Stone appeals a decision of the Workers’ Compensation Commission finding that
(a) his claim was not timely and thus barred by the statute of limitations, and (b) his neck
condition was not related to the original compensable accident because the medical records
showed he complained of neck pain, the treating orthopedist testified the neck injury was masked
by the shoulder injuries, and the treating neck specialist opined the neck injury was related to the
original claim. 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 Stone v. Skyline Auto., Inc., VWC File No. VA00000262486 (June 2, 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UNPUBLISHED