Ned N. Cary, Jr. v Anheuser-Busch, Inc., et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Coleman and Willis
NED N. CARY, JR.
MEMORANDUM OPINION*
v. 	Record No. 2179-99-1 	PER CURIAM
NOVEMBER 9, 1999
ANHEUSER-BUSCH, INC.
AND
CIGNA INSURANCE COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Ned N. Cary, Jr., pro se, on briefs).
(William C. Walker; Donna White Kearney;
Taylor & Walker, P.C., on brief), for
appellees.
Ned N. Cary, Jr. contends that the Workers' Compensation
Commission erred in refusing to order reinstatement of his
employment with Anheuser-Busch, Inc. on the ground that employer
violated his civil rights when it terminated him for refusing to
sign a consent form for drug testing. 	Upon reviewing the record
and the briefs of the parties, we conclude that this appeal is
without merit. 	Accordingly, we summarily affirm the
commission's decision. 	See Rule 5A:27.
"Generally, the Commission's jurisdiction is limited to
those issues which are directly or necessarily related to the
right of an employee to compensation for a work-related injury."
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.

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Hartford Fire Ins. Co. v. Tucker, 3 Va. App. 116, 120, 348
S.E.2d 416, 418 (1986). 	The civil rights issues raised by Cary
and the relief sought, reinstatement of employment, do not fall
within the purview of the commission's jurisdiction.
Accordingly, the commission did not err in holding that it had
no jurisdiction over those issues.
In addition, the commission did not err in finding that the
doctrine of res judicata prohibited it from reconsidering the
issues previously decided in its February 28, 1997 opinion,
which was affirmed by this Court on July 8, 1997. 	See Cary v.
Anheuser Busch, Record No. 0781-97-1 (Va. Ct. App. July 8,
1997).
For these reasons, we affirm the commission's decision.
Affirmed.