David F. White v Coleman Adams Construction, et al

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COURT OF APPEALS OF VIRGINIA

Present: Judges Bray, Annunziata and Overton

DAVID F. WHITE

Vv. 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.