DBP Holding Corporation and Hartford Casualty Insurance Company v. Margarete Konupka Moore

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UNPUBLISHED COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, McCullough and Senior Judge Bumgardner DBP HOLDING CORPORATION AND HARTFORD CASUALTY INSURANCE COMPANY v. Record No. 1952-14-2 MEMORANDUM OPINION* PER CURIAM MARCH 10, 2015 MARGARETE KONUPKA MOORE FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (S. Vernon Priddy III; Mary Louise Kramer; Two Rivers Law Group, P.C., on briefs), for appellants. (Brody Reid; Casey M. Ariail; Reid Goodwin, PLC, on brief), for appellee. DBP Holding Corporation and Hartford Casualty Insurance Company appeal a decision of the Workers’ Compensation Commission finding that Moore “did not refuse an offer of selective employment in January 2013, [and] reasonably marketed her residual capacity after being restricted to light duty” and that it was harmless error for an expert witness to express an opinion regarding Moore’s reasonable marketing efforts. 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 Moore v. DBP Holding Corp., VWC File No. VA00000445403 (Sept. 26, 2014). 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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