Newport News Shipbuilding & Dry Dock Company v. Willie E. Bond

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Humphreys and Senior Judge Overton
NEWPORT NEWS SHIPBUILDING &
DRY DOCK COMPANY
MEMORANDUM OPINION*
v. 	Record No. 2871-04-1 	PER CURIAM
MARCH 29, 2005
WILLIE E. BOND
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Lawrence P. Postol; Seyfarth Shaw LLP, on briefs), for appellant.
(Ralph Rabinowitz; Rabinowitz, Swartz, Taliaferro, Swartz &
Goodove, P.C., on brief), for appellee.
Newport News Shipbuilding & Dry Dock Company (employer) appeals a decision of the
Workers’ Compensation Commission. Employer contends the commission erred (1) in ruling
the employer had the burden of proof and in finding Willie E. Bond was not required to market
his residual earning capacity; (2) in finding Bond did not unjustifiably refuse selective
employment and did not unjustifiably refuse to cooperate with vocational rehabilitation services;
and (3) in ruling the commission was not bound by the decision of the administrative law judge
rendered in Bond’s Longshore & Harborworker’s Compensation Act case. We have reviewed
the record and the commission’s opinion and find no reversible error. Accordingly, for the
reasons stated by the commission in its final opinion, we affirm the commission’s denial of
employer’s application to terminate or suspend Bond’s outstanding award of temporary total
disability compensation. See Bond v. Newport News Shipbuilding Dry Dock Co., VWC File
No. 189-83-90 (Nov. 23, 2004). We dispense with oral argument and summarily affirm because
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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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.