Manor Care Health Services and American Manufacturers Mutual Insurance Company v. Cassandra D. Smith

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COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Clements and Senior Judge Annunziata MANOR CARE HEALTH SERVICES AND AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY v. Record No. 0511-07-4 MEMORANDUM OPINION* PER CURIAM JULY 24, 2007 CASSANDRA D. SMITH FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Douglas A. Seymour; Deborah B. Schechner; Siciliano, Ellis, Dyer & Boccarosse, PLC, on brief), for appellants. (Howard B. Ackerman; ChasenBoscolo, on brief), for appellee. Manor Care Health Services and its insurer appeal a decision of the Workers Compensation Commission finding that Cassandra D. Smith proved her right total knee replacement and disability beginning July 20, 2006 were causally related to her compensable December 30, 2002 injury by accident. 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 Smith v. Manor Care Health Servs., VWC File No. 215-26-01 (Feb. 28, 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. Affirmed. * Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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