Robert Lee High v. Michael L. Clark/Family Flooring, Twin City Fire Insurance Company

COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, McCullough and Senior Judge Bumgardner UNPUBLISHED ROBERT LEE HIGH MEMORANDUM OPINION * v. Record No. 2354-12-4 PER CURIAM APRIL 30, 2013 MICHAEL L. CLARK/FAMILY FLOORING, TWIN CITY FIRE INSURANCE COMPANY, DNS CONSTRUCTION, DOUGLAS WALLACE/DOUG-STEVE’S CARPENTRY AND THE UNINSURED EMPLOYERS’ FUND FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Kathleen Grace Walsh, on brief), for appellant. (Thomas G. Bell, Jr.; Timberlake, Smith, Thomas, & Moses, P.C., on brief), for appellee The Uninsured Employers’ Fund. No brief for appellees Michael L. Clark/Family Flooring, Twin City Fire Insurance Company, DNS Construction, and Douglas Wallace/Doug-Steve’s Carpentry. Robert Lee High appeals a decision of the Workers’ Compensation Commission finding that the commission did not have jurisdiction because Doug Wallace and Steve Griffith were partners and thus not counted as employees. 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 High v. Michael L. Clark/Family Flooring, VWC File No. JCN VA010-0242-6083 (Nov. 30, 2012). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the * Pursuant to Code § 17.1-413, this opinion is not designated for publication. materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed. -2-