Mack's Construction Company, Inc. and Cincinnati Casualty Company v. John Robert Wilburn, Jr.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges McClanahan, Haley and Senior Judge Willis
MACK’S CONSTRUCTION COMPANY, INC. AND
CINCINNATI CASUALTY COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0160-09-2 	PER CURIAM
JULY 7, 2009
JOHN ROBERT WILBURN, JR.
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Christopher M. Kite; Lucas & Kite, PLC, on brief), for appellants.
(B. Mayes Marks, Jr.; Marks and Associates, P.C., on brief), for
appellee.
Mack’s Construction Company, Inc. and its insurer (hereinafter referred to as
“employer”) appeal a decision of the Workers’ Compensation Commission finding that John
Robert Wilburn, Jr. proved: (1) a change in condition; and (2) the condition was causally related
to his January 29, 2008 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 Wilburn v. Mack’s Construction Co., Inc., VWC File
No. 237-53-35 (Dec. 19, 2008). 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.