Rent A Center, Inc. and Fidelity & Guaranty Ins. Co. v. Mary Beatrice Phillips

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UNPUBLISHED COURT OF APPEALS OF VIRGINIA Present: Judges Frank, Huff and Senior Judge Haley RENT A CENTER, INC. AND FIDELITY & GUARANTY INS. CO. v. Record No. 2028-12-1 MEMORANDUM OPINION * PER CURIAM MARCH 5, 2013 MARY BEATRICE PHILLIPS FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Matthew J. Griffin; Angela F. Gibbs; Midkiff, Muncie & Ross, P.C., on brief), for appellants. (Steven M. Legum; Goldblatt, Cohen & Legum, P.C., on brief), for appellee. Rent A Center, Inc. and its insurer (hereinafter employer) appeal a decision of the Workers Compensation Commission (the commission) finding the claim of Mary Beatrice Phillips (claimant) was not barred by the statute of limitations and finding the claimant s rights with respect to the filing of a claim were prejudiced by employer s failure to timely file a first report of accident with the commission. 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 Phillips v. Rent A Center, Inc., VWC File No. JCN 241-66-69 (Oct. 16, 2012). 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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