John D. McPhatter v. Norfolk (City of) Sheriff�s Office

COURT OF APPEALS OF VIRGINIA
Present: 	Judge McClanahan, Senior Judges Coleman and Annunziata
JOHN D. McPHATTER
MEMORANDUM OPINION*
v. 	Record No. 2031-05-1 	PER CURIAM
JANUARY 10, 2006
NORFOLK (CITY OF) SHERIFF’S OFFICE
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Matthew H. Kraft; Rutter Mills, L.L.P., on brief), for appellant.
(Joan E. Mahoney, Deputy City Attorney, on brief), for appellee.
John D. McPhatter (claimant) appeals a decision of the Workers’ Compensation
Commission finding that (1) Norfolk (City of) Sheriff’s Office rebutted the presumption
contained in Code § 65.2-402, because it proved that occupational stress did not cause claimant’s
heart condition and that there was a non-work-related cause of the heart attack; and (2) claimant
failed to prove that his heart attack, if compensable, aggravated his psychological problems. 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
McPhatter v. Norfolk (City of) Sheriff’s Office, VWC File No. 210-63-82 (July 26, 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.