Red Onion State Prison/Commonwealth of Virginia v. Jerlene J. Rose

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Haley and Senior Judge Coleman
RED ONION STATE PRISON/
COMMONWEALTH OF VIRGINIA
MEMORANDUM OPINION*
v. 	Record No. 1149-06-3 	PER CURIAM
OCTOBER 17, 2006
JERLENE J. ROSE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Robert F. McDonnell, Attorney General; Marla Decker, Deputy
Attorney General; Roger Chaffe, Senior Assistant Attorney General;
Sharon M.B. Pigeon, Assistant Attorney General, on briefs), for
appellant.
(Paul L. Phipps; Kerry S. Hay; Lee & Phipps, P.C., on brief), for
appellee.
Red Onion State Prison appeals a decision of the Workers’ Compensation Commission
finding that Jerlene J. Rose proved her February 2, 2004 compensable injury by accident
aggravated her pre-existing psychiatric condition and awarding claimant temporary total
disability benefits commencing August 11, 2004. We have reviewed the record and the
commission’s opinion and 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 Rose v.
Red Onion State Prison, VWC File No. 217-85-22 (April 4, 2006). 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.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

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We deny Rose’s request for attorney’s fees and costs under Code § 65.2-713, and we
remand to the commission to assess interest as provided by Code § 65.2-707.
Affirmed.