COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Overton
DAVID F. WHITE
v. Record No. 1405-95-2 MEMORANDUM OPINION *
PER CURIAM
COLEMAN ADAMS CONSTRUCTION, INC. DECEMBER 5, 1995
AND
GLOBE INDEMNITY COMPANY
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Robert L. Flax; Flax, Embrey & Stout, on brief), for
appellant.
(Richard D. Lucas; Woods, Rogers & Hazlegrove, on
brief), for appellees.
David F. White ("claimant") contends that the Workers'
Compensation Commission erred in finding he failed to prove that
his April 25, 1994 arthroscopic shoulder surgery and resulting
disability were causally related to his compensable May 28, 1982
injury by accident. The commission also found that claimant's
July 5, 1994 change in condition application was barred by the
twenty-four month limitations period contained in Code
§ 65.2-708. A review of the record and the briefs of the parties
reveals that White failed to appeal the limitations finding.
Therefore, it is binding and conclusive upon us on appeal, and is
dispositive of this appeal. Accordingly, we summarily affirm the
commission's decision. Rule 5A:27. We need not address the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
causation issue. Claimant's motion to assess costs of the
appendix is denied.
Affirmed.
2
David F. White v. Coleman Adams Construction
Combined Opinion