Phillip Sheetz v. James E. Serkel, Inc. and Cincinnati Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Beales and Senior Judge Clements
PHILLIP SHEETZ
MEMORANDUM OPINION*
v. 	Record No. 0714-13-3 	PER CURIAM
AUGUST 13, 2013
JAMES E. SERKEL, INC. AND
CINCINNATI INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Derrick W. Whetzel; BotkinRose, PLC, on briefs), for appellant.
(Robert M. Himmel; Lucas & Kite, PLC, on brief), for appellees.
Phillip Sheetz appeals a decision of the Workers’ Compensation Commission
finding (1) his claim was waived and abandoned because he failed to timely file a written
statement on review to the full commission from the decision of the deputy commissioner, and
(2) even if he had not waived and abandoned his claim, he failed to prove he suffered an injury
by accident that arose out of the employment. On appeal, Sheetz contends he did meet his
burden of proof.
We have reviewed the record and the commission’s opinion and find that this appeal is
without merit. Accordingly, we affirm on the first ground stated by the commission in its final
opinion; i.e., that Sheetz waived and abandoned his claim. See Sheetz v. James E. Serkel, Inc.,
VWC File No. VA00000525601 (Mar. 14, 2013). The remainder of the commission’s opinion is
dictum, and we do not consider or adopt it. We dispense with oral argument and summarily
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
UNPUBLISHED

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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.