Giant Food, LLC and Ahold USA, Inc. v. Joseph Mark Casamento

COURT OF APPEALS OF VIRGINIA Present: Judges Frank, Alston and Senior Judge Coleman GIANT FOOD, LLC AND AHOLD USA, INC. MEMORANDUM OPINION * v. Record No. 1006-10-4 PER CURIAM SEPTEMBER 21, 2010 JOSEPH MARK CASAMENTO FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Lynn McHale Fitzpatrick; Franklin & Prokopik, P.C., on brief), for appellants. (Andrew S. Kasmer, on brief), for appellee. Giant Food, LLC and Ahold USA, Inc. appeal a decision of the Workers’ Compensation Commission finding (1) it failed to prove Joseph Mark Casamento (claimant) was released to full duty work on July 16, 2008; and (2) claimant’s current disability is attributable to his workplace accident and not a 2008 motorcycle accident. 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 Casamento v. Giant Food, LLC #798, VWC File No. 229-55-94 (Apr. 13, 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.