Jody Douglas Bales v. K & O Synthetics, Inc. and Auto-Owners Insurance Company

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COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Clements and Senior Judge Annunziata JODY DOUGLAS BALES v. Record No. 1005-08-3 MEMORANDUM OPINION * PER CURIAM JULY 22, 2008 K & O SYNTHETICS, INC. AND AUTO-OWNERS INSURANCE COMPANY FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Jody Douglas Bales, pro se, on brief). (Thomas G. Bell, Jr.; Timberlake, Smith, Thomas & Moses, P.C., on brief), for appellees. Jody Douglas Bales (claimant) appeals a decision of the Workers Compensation Commission dismissing his August 28, 2006 claim with prejudice. Claimant argues the commission (1) violated his due process rights; and (2) abused its discretion by dismissing his claim with prejudice when there were other options available. 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 Bales v. K & O Synthetics, Inc., VWC File No. 229-83-62 (Mar. 7, 2008). 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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