Sterling R. Brickey, Jr. v. Pardee Coal Company, Inc. and Valley Forge Insurance Company

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Clements and Senior Judge Annunziata
STERLING R. BRICKEY, JR.
MEMORANDUM OPINION*
v. 	Record No. 1116-07-3 	PER CURIAM
SEPTEMBER 11, 2007
PARDEE COAL COMPANY, INC. AND
VALLEY FORGE INSURANCE COMPANY
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
(D. Allison Mullins; Lee & Phipps, P.C., on brief), for appellant.
(Ramesh Murthy; Penn, Stuart & Eskridge, on brief), for appellees.
Sterling R. Brickey, Jr. appeals a decision of the Workers’ Compensation Commission
finding that (1) his claim filed on January 23, 2006, alleging a back injury occurring on May 8,
1997, was barred by the two-year statute of limitations contained in Code § 65.2-601; (2) Pardee
Coal Company and its insurer were not estopped from asserting the bar of the statute of
limitations; (3) a de facto award did not exist; and (4) the doctrine of imposition did not apply to
save his claim. 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 Brickey v. Pardee Coal Co., Inc., VWC File No. 186-35-42 (April 5, 2007).
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.