Gilbert Maurice Wood v. Atlantic Coast Airlines, Inc. and American Protection Insurance Company

COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Humphreys and Senior Judge Overton GILBERT MAURICE WOOD MEMORANDUM OPINION* v. Record No. 1521-05-1 PER CURIAM OCTOBER 18, 2005 ATLANTIC COAST AIRLINES, INC. AND AMERICAN PROTECTION INSURANCE COMPANY FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Gilbert Maurice Wood, pro se, on brief). (Edward H. Grove, III; Brault Palmer Grove White & Steinhilber LLP, on brief), for appellees. Gilbert Maurice Wood appeals a decision of the Workers’ Compensation Commission, which ruled that Wood waived and abandoned his right to a review of the deputy commissioner’s decision by failing to assign any specific errors to the deputy commissioner’s findings of fact or conclusions of law and failing to file a written statement. Conducting an independent review of the record, the commission also ruled that the record supported the deputy commissioner’s ruling that no “imposition, fraud, misrepresentation, or mutual mistake” existed as a basis upon which to rescind a compromise settlement approved on October 23, 2001. We have reviewed the record and the commission’s opinion, and we hold that this appeal is without merit. Accordingly, we affirm the commission’s decision for the reasons stated by the commission in its final opinion. See Wood v. Atlantic Coast Airlines, Inc., VWC File No. 201-01-48 (May 6, 2005). We dispense with oral argument and summarily affirm because the facts and legal * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 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-