Philip Morris USA, Inc. and Twin City Fire Insurance Company v. Charlotte H. Cypress

1733062Vactapp

Gesamter Gesetzestext

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Humphreys, Beales and Senior Judge Fitzpatrick
PHILIP MORRIS USA, INC. AND
TWIN CITY FIRE INSURANCE COMPANY
MEMORANDUM OPINION*
v. 	Record No. 1733-06-2 	PER CURIAM
DECEMBER 5, 2006
CHARLOTTE H. CYPRESS
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Michael N. Salveson; Hunton & Williams LLP, on briefs), for
appellants.
(Ruth E. Nathanson; Maloney, Parks, Clarke & Nathanson, P.C., on
brief), for appellee.
Philip Morris USA, Inc. (employer) appeals a decision of the Workers’ Compensation
Commission awarding permanent and total disability benefits to Charlotte H. Cypress (claimant),
and finding that (1) claimant proved a causal connection between her back injury and her left and
right leg symptoms; (2) upon consideration of the ratings issued in this case, claimant proved a
quantifiable loss of function of both legs; and (3) claimant proved she is unable to use her legs to
any substantial degree in gainful employment. 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 Cypress v. Philip Morris USA, VWC
File No. 162-18-08 (June 16, 2006). 1 We dispense with oral argument and summarily affirm
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
1 The commission denied employer’s motion for reconsideration on July 6, 2006.
- 2 -
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.

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