Timothy Wayne Shively v. Blue Ridge Aquaculture and Erie Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
TIMOTHY WAYNE SHIVELY
MEMORANDUM OPINION*
v. 	Record No. 1313-06-3 	PER CURIAM
SEPTEMBER 26, 2006
BLUE RIDGE AQUACULTURE AND
ERIE INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Karel Brown Ryan; Ryan Law Firm, PC, on brief), for appellant.
(Richard D. Lucas; Lucas Law Firm, PLC, on brief), for appellees.
Timothy Wayne Shively (claimant) appeals a decision of the Workers’ Compensation
Commission finding that his claim was time barred. Claimant contends the commission erred in
finding that (1) he was not entitled to a de facto award; and (2) the doctrine of imposition did not
apply to save his claim from the limitations bar. 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 Shively v. Blue Ridge Aquaculture,
VWC File No. 210-64-93 (April 21, 2006). 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.