Carl Gilliam v. Kramer Tire Company and Virginia Commerce Self-Insurance Association

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COURT OF APPEALS OF VIRGINIA Present: Judges Frank, Clements and Haley CARL GILLIAM v. Record No. 1259-05-1 MEMORANDUM OPINION* PER CURIAM NOVEMBER 15, 2005 KRAMER TIRE COMPANY AND VIRGINIA COMMERCE SELF-INSURANCE ASSOCIATION FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Carl Gilliam, pro se, on brief). (Donna White Kearney; Audrey Marcello; Taylor & Walker, P.C., on brief), for appellees. Carl Gilliam (claimant) appeals a decision of the Workers Compensation Commission finding that Kramer Tire Company and its insurer were not responsible for the cost of unauthorized medical treatment provided to claimant by Drs. Anthony F. Sibley and G. Newton DeShazo and that claimant was not entitled to a change in treating physicians.1 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 Gilliam v. Kramer Tire Company, VWC File No. 156-75-68 (April 25, 2005). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately * 1 Pursuant to Code § 17.1-413, this opinion is not designated for publication. We note that in deciding this appeal, we did not consider any issues raised by claimant in his opening brief that were previously resolved by the commission and subject to a final determination, as those issues were not properly before the commission on review nor considered by it in its April 25, 2005 review opinion. 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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