Martin-Brower Company and Ace American Insurance Company v. Darren L. Jarrett

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Kelsey, Petty and Senior Judge Bumgardner
MARTIN-BROWER COMPANY AND
ACE AMERICAN INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 0079-07-4 	PER CURIAM
JUNE 12, 2007
DARREN L. JARRETT
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Joseph F. Giordano; Anne-Marie K. Zell; Semmes, Bowen &
Semmes, on brief), for appellants. Appellants submitting on brief.
No brief for appellee.
The Martin-Brower Company and its insurer (hereinafter referred to as “employer”)
appeal a decision of the Workers’ Compensation Commission finding that (1) the deputy
commissioner did not abuse his discretion in refusing to hold the record open after the hearing
for a de bene esse deposition of Geoffrey Phillips, the unavailable employer witness; (2) Darren
L. Jarrett (claimant) proved he sustained an injury by accident arising out of and in the course of
his employment on April 3, 2006; and (3) claimant proved he adequately marketed his residual
work capacity and was, therefore, entitled to an award of temporary total disability benefits from
April 4, 2006 through July 19, 2006. 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 Jarrett v. The Martin Brower Company, VWC File
No. 228-19-28 (Dec. 8, 2006).
Affirmed.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.