Vilayvong Kapoo Thongvathsa v. Roberts Furniture and Mattress, and et al.

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COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Petty and Senior Judge Bumgardner VILAYVONG KAPOO THONGVATHSA v. Record No. 2240-10-1 MEMORANDUM OPINION * PER CURIAM MARCH 22, 2011 ROBERTS FURNITURE AND MATTRESS AND PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY FROM THE VIRGINIA WORKERS COMPENSATION COMMISSION (Stephen C. Swain; Charles B. Lustig; Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C., on brief), for appellant. (Dawn E. Boyce; Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., on brief), for appellees. Vilayvong Kapoo Thongvathsa appeals a decision of the Workers Compensation Commission finding his injury by accident was not compensable because he was not engaged in a special errand for his employer at the time he was injured. 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 Thongvathsa v. Roberts Furniture & Mattress, VWC File No. VA020-0000-0131 (Sept. 29, 2010). 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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