Jon Snyder (Deceased), Ava L. Snyder and Nicole L. Snyder v. County of York (Fire), et al.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Frank, Clements and Haley
JON SNYDER (DECEASED), AVA L. SNYDER
AND NICOLE L. SNYDER
MEMORANDUM OPINION*
v. 	Record No. 2714-04-1 	PER CURIAM
MARCH 15, 2005
COUNTY OF YORK (FIRE) AND
VIRGINIA MUNICIPAL GROUP
SELF-INSURANCE ASSOCIATION
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Michael A. Kernbach; Burgess, Kernbach & Perigard, PLLC, on
brief), for appellants.
(Ralph L. Whitt, Jr.; Jennifer C. Williamson; Whitt & Associates, on
brief), for appellees.
Jon Snyder (Deceased), Ava L. Snyder, and Nicole L. Snyder (hereinafter referred to as
“claimants”) appeal a decision of the Workers’ Compensation Commission (1) denying
claimants’ motion to reopen the record and for a remand to submit additional medical evidence
in support of their claim; and (2) finding that County of York (Fire) (employer) rebutted the
statutory presumption under Code § 65.2-402, specifically finding that the evidence proved that
the deceased’s lung cancer was caused by his cigarette smoking and not his occupational
exposure to toxic substances. We have reviewed the record and the commission’s opinion and
find no reversible error. Accordingly, we affirm for the reasons stated by the commission in its
final opinion. See Snyder et al. v. County of York Fire, VWC File No. 190-67-18 (Oct. 22,
2004). We dispense with oral argument and summarily affirm because the facts and legal
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.