COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Beales and Senior Judge Annunziata
RUGO STONE, LLC AND
INSURANCE COMPANY OF THE
STATE OF PA
MEMORANDUM OPINION *
v. Record No. 1752-11-4 PER CURIAM
JANUARY 17, 2012
ANDRES A. DIAZ
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Brandi R. Howell; Franklin & Prokopik, P.C., on brief), for
appellants.
(Andrew S. Kasmer, on brief), for appellee.
Rugo Stone, LLC, and its insurer (collectively “employer”) appeal a decision of the
Workers’ Compensation Commission. On appeal, employer contends the commission erred in
finding that Andres Diaz (claimant) (1) sustained a change in condition with respect to his back
injury and that he was disabled from June 26, 2009 and continuing, and (2) adequately marketed
his residual earning capacity. Employer also claims that the commission erred in deferring to the
opinion of claimant’s doctor over that of employer’s doctor in making its decision. 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 final
opinion. See Rugo Stone LLC v. Diaz, VWC File No. 237-58-68 (Aug. 5, 2011). We dispense
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
1
Although employer included this claim as a separate assigned error, he failed to include
a separate argument on this alleged error, which actually relates to the weight the commission, as
fact finder, ascribed to the evidence from competing experts in ruling on the first two assigned
errors.
with oral argument and summarily affirm because the facts and legal contentions are adequately
presented in the materials before this Court and argument would not aid the decisional process.
See Code § 17.1-403; Rule 5A:27.
Affirmed.
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