John C. Phillips v. Red Onion State Prison/Commonwealth

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
JOHN C. PHILLIPS
MEMORANDUM OPINION*
v. 	Record No. 0653-06-3 	PER CURIAM
JULY 25, 2006
RED ONION STATE PRISON/
COMMONWEALTH OF VIRGINIA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(D. Allison Mullins; Lee & Phipps, P.C., on brief), for appellant.
(Robert F. McDonnell, Attorney General; Maureen Riley Matsen,
Deputy Attorney General; Peter R. Messitt, Senior Assistant
Attorney General; Deanis L. Simmons, Assistant Attorney General,
on brief), for appellee.
John C. Phillips appeals a decision of the Workers’ Compensation Commission finding
that he failed to prove he suffered a compensable injury by accident on August 16, 2004, on the
ground that he failed to prove the occurrence of an obvious sudden shock or fright arising out of
the course of his employment. 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 Phillips v. Red Onion State Prison/Commonwealth of
Virginia, VWC File No. 220-38-41 (Feb. 6, 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.