COURT OF APPEALS OF VIRGINIA
Present: Judges Koontz, Bray and Senior Judge Hodges
ALONZO E. MURPHY
v. Record No. 2314-94-2 MEMORANDUM OPINION *
PER CURIAM
FRANK IX & SONS, INC. MAY 23, 1995
AND
LIBERTY MUTUAL FIRE INSURANCE COMPANY
FROM THE VIRGINIA WORKERS'
COMPENSATION COMMISSION
(Edmund R. Michie; Michie, Hamlett, Lowry, Rasmussen &
Tweel, on briefs), for appellant.
(R. Ferrell Newman; Glenn S. Phelps; Thompson,
Smithers, Newman & Wade, on brief), for appellees.
Alonzo E. Murphy contends that the Workers' Compensation
Commission erred in finding that (1) it could not award permanent
partial disability benefits because Murphy was entitled to and
was receiving temporary total disability benefits under an open
award; and (2) Murphy failed to establish entitlement to
permanent partial disability benefits because he failed to prove
that he had reached maximum medical improvement. Upon reviewing
the record and the briefs of the parties, we conclude that this
appeal is without merit. Accordingly, we summarily affirm the
commission's decision. Rule 5A:27.
Code § 65.2-503(F)(1) provides that "[c]ompensation awarded
pursuant to this section shall be in addition to all other
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
compensation and shall be payable after payments for temporary
total incapacity pursuant to § 65.2-500." (Emphasis added.)
The commission denied Murphy an award of permanent partial
disability benefits, finding that his case for permanency was
premature because he was still receiving temporary total
disability benefits under an open award. Based upon the language
of Code § 65.2-503(F)(1), we cannot say as a matter of law that
the commission erred in finding that Murphy's claim for permanent
partial disability was premature. Moreover, pursuant to Code
§ 65.2-708(A), Murphy has "thirty-six months from the last day
for which compensation was paid" for filing a claim payable under
§ 65.2-503.
Because our holding disposes of this appeal, we will not
address the second question presented by Murphy.
For the reasons stated, we affirm the commission's decision.
Affirmed.
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