Claire M. Gesalman v. Virginia Birth-Related Neurological Injury Compensation Program

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Bumgardner, Kelsey and Senior Judge Hodges
CLAIRE M. GESALMAN
MEMORANDUM OPINION*
v. 	Record No. 1408-05-4 	PER CURIAM
OCTOBER 11, 2005
VIRGINIA BIRTH-RELATED NEUROLOGICAL
INJURY COMPENSATION PROGRAM
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Claire M. Gesalman, pro se, on brief).
(Judith Williams Jagdmann, Attorney General; Francis “Frank” S.
Ferguson, Deputy Attorney General; Jill M. Ryan, Assistant
Attorney General, on brief), for appellee.
Claire M. Gesalman, mother of Daniel Martin Gesalman (“infant complainant”), appeals
a decision of the Workers’ Compensation Commission finding that a recruitment fee paid to an
employment agency to find a caregiver for the infant complainant does not qualify as an actual
medically necessary and reasonable expense under Code § 38.2-5009(A)(1). 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 Gesalman v.
Virginia Birth-Related Neurological Injury Compensation Program, VWC File No. B-97-5 (May
12, 2005). 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.
Affirmed.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.