Dale Choffel Construction Company, Inc., et al. v. William Greg Carraway, Jr.

 Annotate this Case
Download PDF
COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Petty and Senior Judge Bumgardner DALE CHOFFEL CONSTRUCTION COMPANY, INC. AND COMMONWEALTH CONTRACTOR S GROUP SELF-INSURANCE ASSOCIATION v. Record No. 0260-07-1 MEMORANDUM OPINION* PER CURIAM JUNE 26, 2007 WILLIAM GREG CARRAWAY, JR. FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Gerard E.W. Voyer; Audrey Marcello; Taylor & Walker, P.C., on brief), for appellant. (Judd B. Mendelson; Steingold & Mendelson, on brief), for appellee. Dale Choffel Construction Company, Inc. and its insurer (hereinafter referred to as employer ) contend the Workers Compensation Commission erred in finding that (1) William Greg Carraway, Jr. proved he sustained an injury by accident arising out of and in the course of his employment; and (2) employer failed to prove that claimant s claim was barred by Code § 65.2-306(A)(1) and (5). With respect to the first question presented, employer failed to comply with the requirements of Rule 5A:20(e), because its opening brief does not contain the principles of law, the argument, and the authorities relating to [that] question presented. Accordingly, we dismiss employer s appeal with respect to that question. With respect to the second question presented, we have reviewed the record and the commission s opinion and find that this appeal is without merit. Accordingly, we affirm for the * Pursuant to Code § 17.1-413, this opinion is not designated for publication. reasons stated by the commission in its final opinion. See Carraway v. Dale Choffel Constr. Co, Inc. et. al., VWC File No. 222-73-12 (Jan. 17, 2007). 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. Dismissed in part, affirmed in part. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.