Claude Roger Sparks v. Lionberger Construction Company, et al

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Powell and Senior Judge Clements
CLAUDE ROGER SPARKS
MEMORANDUM OPINION*
v. 	Record No. 0587-09-3 	PER CURIAM
JULY 28, 2009
LIONBERGER CONSTRUCTION COMPANY AND
VIRGINIA CONTRACTORS GROUP
SELF-INSURANCE ASSOCIATION
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(A. Thomas Lane, Jr., on brief), for appellant.
(John C. Johnson; Andrew E. Stephens; Frith Anderson & Peake,
P.C., on brief), for appellees.
Claude Roger Sparks appeals a decision of the Workers’ Compensation Commission
finding that he failed to establish whether an October 3, 2006 incident or an October 11, 2006
incident caused a rotator cuff tear and necessitated subsequent surgery. 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 Sparks v. Lionberger
Construction Company, VWC File Nos. 234-73-41 and 234-62-49 (March 4, 2009). 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.