Republic Services of Virginia, LLC and Indemnity Ins. Co. of N. America v. John Morton

COURT OF APPEALS OF VIRGINIA
Present: Judges Petty, AtLee and Senior Judge Clements
REPUBLIC SERVICES OF VIRGINIA, LLC AND
INDEMNITY INS. CO. OF N. AMERICA
MEMORANDUM OPINION*
v. 	Record No. 0350-16-4 	PER CURIAM
JUNE 21, 2016
JOHN MORTON
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Stephanie S. Ryan; Ryan Law PLLC, on brief), for appellants.
(Bryan G. Bosta; Becker, Kellogg & Berry, PC, on brief), for
appellee.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
Republic Services of Virginia, LLC and Indemnity Ins. Co. of N. America (employer)
appeal a decision of the Workers’ Compensation Commission finding the claim for benefits filed
by John Morton (claimant) was not barred by willful misconduct. On appeal, employer contends
the Commission erred in: (1) finding there was no safety rule; (2) finding claimant may have
been negligent in the manner in which he acted, but not finding evidence of wrongful intention;
(3) finding there was no enforcement of the safety rules; and (4) permitting trial by ambush at the
hearing and failing to enforce its own discovery orders. 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 Morton v. Republic Servs., VWC File
No. VA00001051467 (Feb. 10, 2016). We dispense with oral argument and summarily affirm
UNPUBLISHED

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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.