Flippo Lumber Corporation and et. al. v. Deborah Ann Tomlin/The Estate of Randal Cary Tomlin

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COURT OF APPEALS OF VIRGINIA Present: Judges Frank, McClanahan and Senior Judge Willis FLIPPO LUMBER CORPORATION AND WOOD PRODUCTS OF VIRGINIA GROUP SELF-INSURANCE ASSOCIATION/SEDGWICK CLAIMS MANAGEMENT SERVICE, INC. v. Record No. 2512-07-2 MEMORANDUM OPINION * PER CURIAM APRIL 8, 2008 DEBORAH ANN TOMLIN/THE ESTATE OF RANDAL CARY TOMLIN FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Andrew R. Blair; Blair Law Offices, on briefs), for appellants. (Jean M. McKeen; Tomlin & McKeen, PLLC, on brief), for appellee. Flippo Lumber Corporation and its insurer (hereinafter referred to as employer ) appeal a decision of the Workers Compensation Commission finding employer failed to sustain its burden of proving under Code § 65.2-306 that Randal Cary Tomlin (deceased) committed willful misconduct, which barred the claim filed by Deborah Ann Tomlin. 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 Tomlin v. Flippo Lumber Corp., VWC File No. 221-75-61 (Oct. 3, 2007). 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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