Allied Waste Industries, Inc. and Zurich American Insurance Company v. James Ashby

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
ALLIED WASTE INDUSTRIES, INC. AND
ZURICH AMERICAN INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0872-11-4 	PER CURIAM
AUGUST 30, 2011
JAMES ASHBY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephanie S. Ryan; Ryan Law PLLC, on briefs), for appellants.
(Robert B. Guntharp; Ritchie Law Firm, P.L.C., on brief), for
appellee.
Allied Waste Industries, Inc. and Zurich American Insurance Company appeal a decision of
the Workers’ Compensation Commission finding that James Ashby’s claim was not barred by
willful misconduct. 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 Ashby v. Allied Waste Indust., VWC File No. VA000-0006-9121 (Mar.
29, 2011). 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.