Dollar General Corporation #0879, etc. v. Teresa Hartley

COURT OF APPEALS OF VIRGINIA
Present: 	Chief Judge Fitzpatrick, Judges Frank and Clements
DOLLAR GENERAL CORPORATION #0879/
DOLLAR GENERAL CORPORATION
MEMORANDUM OPINION*
v. 	Record No. 1172-04-4 	PER CURIAM
SEPTEMBER 14, 2004
TERESA HARTLEY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Richard D. Lucas; Lucas Law Firm, PLC, on briefs), for appellant.
(Andrew S. Kasmer; Chasen & Boscolo, P.C., on brief), for
appellee.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Dollar General Corporation #0879/Dollar General Corporation (employer) appeals a
decision of the Workers’ Compensation Commission denying its application seeking to terminate
Teresa Hartley’s (claimant) outstanding award of disability benefits. Employer contends the
commission erred in not applying the correct legal standard in holding that (1) claimant’s
termination was not for justified cause; and (2) her termination was not tantamount to an
unjustified refusal of selective employment. We have reviewed the record and the commission’s
opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the
commission in its final opinion. See Hartley v. Dollar General Corp. #0879, VWC File No.
214-35-68 (May 4, 2004). 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.