C&R Coal Company and Old Republic Insurance Company v. Eura Dennis Roberts

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UNPUBLISHED COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Beales and Senior Judge Clements C&R COAL COMPANY AND OLD REPLUBLIC INSURANCE COMPANY v. Record No. 0023-13-3 MEMORANDUM OPINION * PER CURIAM MAY 7, 2013 EURA DENNIS ROBERTS FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (S. Vernon Priddy III; Michael L. Goff, Jr.; Two Rivers Law Group, P.C., on briefs), for appellants. (John J. Gifford; Browning, Lamie & Gifford, P.C., on brief), for appellee. C&R Coal Company and Old Republic Insurance Company (appellants) appeal a decision of the Workers Compensation Commission (commission) finding Roberts claim for medical treatment is not barred by Code § 65.2-708. Appellants contend the commission erred in: (1) refusing to reconsider its review opinion; (2) applying Prophet v. Bullock Corp., 59 Va. App. 313, 718 S.E.2d 478 (2011), rather than following prior decisions from the Court of Appeals; and (3) failing to recognize Prophet was wrongly decided. We have reviewed the record and the commission s opinion and find that this appeal is without merit. Accordingly, we affirm for the reason stated by the commission in its final opinion. See Roberts v. C&R Coal Co., JCN 121-06-28 (Dec. 3, 2012). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented * Pursuant to Code § 17.1-413, this opinion is not designated for publication. in the materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed. -2-

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