VCU Health System Authority v. Claudia Bouhaidar

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Beales and Powell
VCU HEALTH SYSTEM AUTHORITY
MEMORANDUM OPINION*
v. 	Record No. 1989-08-2 	PER CURIAM
JANUARY 13, 2009
CLAUDIA BOUHAIDAR
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(James G. Muncie, Jr.; Angela F. Gibbs; Midkiff, Muncie & Ross,
P.C., on brief), for appellant.
(Jamie L. Karek; Geoffrey R. McDonald & Associates, P.C., on
brief), for appellee.
VCU Health System Authority (employer) appeals a decision of the Workers’
Compensation Commission (1) finding that Claudia Bouhaidar (claimant) proved she sustained
an injury by accident arising out of and in the course of her employment on April 9, 2007; and
(2) deferring to the deputy commissioner’s determination that claimant’s testimony was
credible.1 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 Bouhaidar v. VCU Health Sys. Auth., VWC File No. 233-34-63 (July 24, 2008).
We dispense with oral argument and summarily affirm because the facts and legal contentions
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
1 In its opening brief, employer does not challenge the commission’s findings that
claimant proved her right arm injury was a compensable consequence of the left arm injury nor
does it challenge the commission’s findings with regard to claimant’s period of total disability.
Thus, those issues are not before us.

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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.
Claimant’s request for attorney’s fees and costs is denied.
Affirmed.