Roto-Rooter Services Company and Zurich American Insurance Company v. Eugenio Abraham Murga, Sr.

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UNPUBLISHED COURT OF APPEALS OF VIRGINIA Present: Judges McCullough, Decker and Senior Judge Felton ROTO-ROOTER SERVICES COMPANY AND ZURICH AMERICAN INSURANCE COMPANY v. Record No. 1918-15-4 MEMORANDUM OPINION* PER CURIAM MARCH 22, 2016 EUGENIO ABRAHAM MURGA, SR. FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Joseph C. Veith, III; Godwin, Erlandson, Vernon & Daney, L.L.C., on brief), for appellants. No brief for appellee. Roto-Rooter Services Company and Zurich American Insurance Company (appellants) appeal a decision of the Workers’ Compensation Commission. Appellants allege the Commission erred in finding the evidence sufficient to prove that injuries sustained by Eugenio Abraham Murga, Sr., on July 6, 2014 were causally related to an injury by accident arising out of his employment on May 21, 2008. They also contend the Commission erred in finding the injury Murga sustained on July 6, 2014 was not a consequence of a compensable consequence of the May 21, 2008 injury.1 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 opinion. See Murga v. Roto-Rooter Services Co., VWC File 2416697 (Oct. 28, 2015). We dispense with * 1 Pursuant to Code § 17.1-413, this opinion is not designated for publication. Appellee noted an appeal from the Commission’s decision, but that appeal was dismissed. See Murga v. Roto-Rooter Services Co., Record No. 1905-15-4 (Va. Ct. App. Jan. 11, 2016 and Feb. 29, 2016). 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. - 2-

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