Newroads Southeast and Travelers Indemnity Company of America v. Martha A. Perryman

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COURT OF APPEALS OF VIRGINIA Present: Judges Frank, McClanahan and Senior Judge Willis NEWROADS SOUTHEAST AND TRAVELERS INDEMNITY COMPANY OF AMERICA v. Record No. 1034-07-3 MEMORANDUM OPINION* PER CURIAM OCTOBER 9, 2007 MARTHA A. PERRYMAN FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (E. Albion Armfield; Frith Anderson & Peake, P.C., on brief), for appellants. (Aubrey R. Lesher; Greg Hairston; Virginia Legal Aid Society, Inc., on brief), for appellee. Newroads Southeast and its insurer (hereinafter referred to as employer ) appeal a decision of the Workers Compensation Commission finding that employer failed to prove (1) Martha A. Perryman (claimant) was capable of performing all duties of her pre-injury employment as of April 20, 2006; and (2) employer made a bona fide offer of selective employment to claimant, which she unjustifiably refused. 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 Perryman v. Newroads Southeast, VWC File No. 222-41-81 (April 11, 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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