Vilayvong Kapoo Thongvathsa v. Roberts Furniture and Mattress, and et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
VILAYVONG KAPOO THONGVATHSA
MEMORANDUM OPINION*
v. 	Record No. 2240-10-1 	PER CURIAM
MARCH 22, 2011
ROBERTS FURNITURE AND MATTRESS AND
PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephen C. Swain; Charles B. Lustig; Shuttleworth, Ruloff, Swain,
Haddad & Morecock, P.C., on brief), for appellant.
(Dawn E. Boyce; Trichilo, Bancroft, McGavin, Horvath & Judkins,
P.C., on brief), for appellees.
Vilayvong Kapoo Thongvathsa appeals a decision of the Workers’ Compensation
Commission finding his injury by accident was not compensable because he was not engaged in
a “special errand” for his employer at the time he was injured. 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 Thongvathsa v. Roberts Furniture
& Mattress, VWC File No. VA020-0000-0131 (Sept. 29, 2010). 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.