Candice Paige Pecka v. Paychex, Inc. and Travelers Indemnity Company of America

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Felton and Senior Judge Willis
CANDICE PAIGE PECKA
MEMORANDUM OPINION*
v. 	Record No. 1458-05-2 	PER CURIAM
OCTOBER 11, 2005
PAYCHEX, INC. AND
TRAVELERS INDEMNITY COMPANY OF AMERICA
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(Jean M. McKeen; Fitzgerald, Tomlin & McKeen, PLLC, on brief),
for appellant.
No brief for appellees.
Candice Paige Pecka (claimant) appeals a decision of the Workers’ Compensation
Commission terminating her award of temporary total disability benefits effective July 15, 2004,
based upon its findings that Paychex, Inc. proved it made a bona fide offer of selective
employment to claimant consistent with her residual work capacity, and claimant failed to prove
that her refusal of that selective employment was justified. 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 Pecka v. Paychex, Inc. et. al., VWC
File No. 215-79-30 (May 27, 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.