Jose Jesus Sosa v. Signature Series Construction, Inc. and Cincinnati Indemnity Company

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COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Felton and Senior Judge Willis JOSE JESUS SOSA v. Record No. 1594-05-2 MEMORANDUM OPINION* PER CURIAM OCTOBER 25, 2005 SIGNATURE SERIES CONSTRUCTION, INC. AND CINCINNATI INDEMNITY COMPANY FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Wesley G. Marshall, on brief), for appellant. (Calvin W. Fowler, Jr.; Misty D. Evans; Williams Mullen, on brief), for appellees. Jose Jesus Sosa appeals a decision of the Workers Compensation Commission (1) finding that he failed to prove he sustained an injury by accident arising out of his employment on November 14, 2003; and (2) allowing witness Diane Martin to testify at the hearing when she was not identified in pre-hearing discovery. 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 Sosa v. Signature Series Construction, Inc., VWC File No. 216-92-98 (June 17, 2005). 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.

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