Michael Suggs v. Southland Concrete Corp. and American Home Assurance Co./AIG Domestic Claims, Inc.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Clements and Senior Judge Annunziata
MICHAEL SUGGS
MEMORANDUM OPINION*
v. 	Record No. 0797-08-4 	PER CURIAM
AUGUST 5, 2008
SOUTHLAND CONCRETE CORPORATION AND
AMERICAN HOME ASSURANCE COMPANY/
AIG DOMESTIC CLAIMS, INC.
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(W. David Falcon, Jr.; Chasen Boscolo, on brief), for appellant.
(Jimese Pendergraft Sherrill; Alex M. Mayfield; Jordan Coyne &
Savits, L.L.P., on brief), for appellees.
Michael Suggs appeals a decision of the Workers’ Compensation Commission finding
that his claim was barred by his willful misconduct pursuant to Code § 65.2-306, specifically its
finding that Southland Concrete Corporation and its insurer proved claimant’s intoxication was a
proximate cause of his injuries. 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 Suggs v. Southland Concrete Corp., VWC File No.
232-53-50 (Feb. 29, 2008). 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.