Gregory A. Wimbush v. Zenith Logistics and Fire & Casualty Ins. Co. of Connecticut

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Annunziata, McClanahan and Senior Judge Coleman
GREGORY A. WIMBUSH
MEMORANDUM OPINION*
v. 	Record No. 0539-04-3 	PER CURIAM
JULY 13, 2004
ZENITH LOGISTICS AND
FIRE & CASUALTY INSURANCE
COMPANY OF CONNECTICUT
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Robert A. Williams; Williams, Luck & Williams, on briefs), for
appellant.
(Richard D. Lucas; Lucas Law Firm, PLC, on brief), for appellees.
Gregory A. Wimbush (claimant) appeals a decision of the Workers’ Compensation
Commission finding that his Request for Review, which was sent via certified mail to an
incorrect address, was not timely filed and, therefore, the commission did not have jurisdiction to
hear claimant’s appeal. 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 Wimbush v. Zenith Logistics, VWC File No. 213-03-42 (Feb. 24, 2004). 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.