Colleen D. Harlow v. Capital One Services and Royal Indemnity Company

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judge Elder and Senior Judge Annunziata COLLEEN D. HARLOW MEMORANDUM OPINION * v. Record No. 2386-10-2 PER CURIAM APRIL 5, 2011 CAPITAL ONE SERVICES AND ROYAL INDEMNITY COMPANY FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Jean M. McKeen; Tomlin & McKeen, PLLC, on brief), for appellant. (Claire C. Carr; Rachel A. Riordan; Kalbaugh Pfund & Messersmith, on brief), for appellees. Colleen D. Harlow (claimant) appeals a decision of the Workers’ Compensation Commission. On appeal, she contends the commission erred in (1) failing to award claimant a lower extremity permanent impairment rating; (2) finding claimant had no permanent impairment rating for her lower extremity after the commission previously determined claimant suffered some type of impairment rating for her lower left extremity; and (3) relying on Dr. Steven Fiore’s medical opinion because Dr. Fiore’s opinion failed to consider claimant’s sensory and neurological deficits. 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 Harlow v. Capital One Servs., VWC File No. 217-37-61 (Oct. 13, 2010). We dispense with oral argument and summarily affirm because the facts and * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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-