Rockingham Memorial Hospital and Reciprocal of America, et al. v. Barbara Lee Shifflett

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COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Petty and Senior Judge Bumgardner ROCKINGHAM MEMORIAL HOSPITAL AND RECIPROCAL OF AMERICA, in liquidation, VIRGINIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION v. Record No. 2198-06-3 MEMORANDUM OPINION* PER CURIAM DECEMBER 28, 2006 BARBARA LEE SHIFFLETT FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Kristin A. Zech; Wharton, Aldhizer & Weaver, P.L.C., on brief), for appellants. (A. Thomas Lane, Jr., on brief), for appellee. Rockingham Memorial Hospital and its insurer appeal a decision of the Workers Compensation Commission finding that Barbara Lee Shifflett established she sustained a change in condition causally related to her compensable right knee injury, and, therefore, the two-year limitations period contained in Code § 65.2-708, rather than the one-year limitations period contained in Code § 65.2-501, was applicable to her claim for temporary total disability benefits filed on July 7, 2005. 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 Shifflett v. Rockingham Memorial Hosp., VWC File No. 196-87-88 (Aug. 3, 2006). We dispense with oral argument and summarily affirm because the facts and legal * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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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