Jose Jesus Sosa v. Signature Series Construction, Inc. and Cincinnati Indemnity Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Felton and Senior Judge Willis
JOSE JESUS SOSA
MEMORANDUM OPINION*
v. 	Record No. 1594-05-2 	PER CURIAM
OCTOBER 25, 2005
SIGNATURE SERIES CONSTRUCTION, INC. AND
CINCINNATI INDEMNITY COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Wesley G. Marshall, on brief), for appellant.
(Calvin W. Fowler, Jr.; Misty D. Evans; Williams Mullen, on brief),
for appellees.
Jose Jesus Sosa appeals a decision of the Workers’ Compensation Commission
(1) finding that he failed to prove he sustained an injury by accident arising out of his
employment on November 14, 2003; and (2) allowing witness Diane Martin to testify at the
hearing when she was not identified in pre-hearing discovery. 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 Sosa v. Signature Series
Construction, Inc., VWC File No. 216-92-98 (June 17, 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.