Fairfax County School Board v. Frances Sheehan Narkiewicz

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COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Humphreys and Senior Judge Overton FRANCES SHEEHAN NARKIEWICZ v. Record No. 0679-04-4 FAIRFAX COUNTY SCHOOL BOARD FAIRFAX COUNTY SCHOOL BOARD v. Record No. 0694-04-4 MEMORANDUM OPINION* PER CURIAM AUGUST 3, 2004 FRANCES SHEEHAN NARKIEWICZ FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Julie H. Heiden; Koonz, McKenney, Johnson, DePaolis & Lightfoot, on briefs), for Frances Sheehan Narkiewicz. (Michael N. Salveson; Hunton & Williams, LLP, on briefs), for Fairfax County School Board. The Workers Compensation Commission ruled that Frances S. Narkiewicz remains totally disabled due to her causally related psychiatric condition. Narkiewicz contends the commission erred in finding that she failed to prove that the aggravation of her pre-existing essential tremor was causally related to her injury by accident. Fairfax County School Board appeals the commission s finding that Narkiewicz s psychiatric condition was causally related to her injury by accident. We have reviewed the record and the commission s opinion and find no reversible error. Accordingly, for the reasons stated by the commission in its final opinion, we affirm the commission s award reinstating Narkiewicz s temporary total disability benefits. See Narkiewicz v. Fairfax (County of) School Bd., VWC File No. 208-16-97 (Feb. 27, 2004). We * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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. -2-

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