MEMORANDUM OPINION * PER CURIAM. A & G Coal Corporation and New Hampshire Insurance Company (appellants) appeal a decision of the Workers' Compensation Commission (the "commission"). Appellants allege the commission erred in upholding decisions of the deputy commissioner: 1) refusing to leave the record open after the hearing to permit appellants to obtain an independent medical examination of Edward Bright; 2) finding Bright proved he sustained a work injury by accident; and 3) concluding...
ROBERT P. FRANK. , Judge . Nationwide Mutual Insurance Company ("Nationwide"), appellant, appeals the decision of the Workers' Compensation Commission ("commission") finding that the commission has jurisdiction to award compensation to the claimant. In the alternative, Nationwide challenges the commission's refusal to stay proceedings before the commission pending the outcome of a declaratory judgment action in the circuit court to resolve the coverage dispute. For the following reasons,...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. Rubina Azam (mother) appeals a custody and visitation order. Mother argues that the trial court erred by (1) failing to consider all of the necessary factors in determining custody and visitation; (2) failing to appoint a guardian ad litem for the child because the trial court refused to speak with the child, there was disagreement regarding the frequency of the mother's communication and visitation with the child, and the child was not able to...
UNPUBLISHED MEMORANDUM OPINION * RUDOLPH BUMGARDNER, III, Judge. Anne-Lise Quinn appeals her contempt citation for violation of the terms of her marital settlement agreement with John D. Irons. She maintains the terms of the agreement were ambiguous. He cross appeals and maintains his former wife was required to document compliance with the agreement and should pay his attorney's fees. Concluding that the terms of the agreement were clear and unambiguous and that the trial court properly...
UNPUBLISHED MEMORANDUM OPINION * WILLIAM G. PETTY, Judge. GP Big Island, LLC appeals an order of the Workers' Compensation Commission. GP Big Island assigns four errors in this appeal. All four alleged errors, however, can be condensed into one: the commission erred in finding that Creasey's injury arose out of his employment. For the reasons set forth below, we affirm the commission. I. Because the parties are fully conversant with the record in this case and this memorandum opinion...
UNPUBLISHED MEMORANDUM OPINION * WILLIAM G. PETTY, Judge. Brandon Creasey appeals an order of the Workers' Compensation Commission dismissing his claim for permanent partial disability benefits and denying his claim for temporary total disability benefits for the periods of February 24, 2012 through May 8, 2012 and May 31, 2012 through August 15, 2012. On appeal, Creasey argues that the dismissal was in violation of well-established precedent and practice because the claim was not continued...
HUFF, J. Keith Boatright ("father") appeals a final order entered by the Circuit Court for Wise County ("circuit court") terminating father's parental rights on April 15, 2014. On appeal, father asserts four assignments of error: 1. The [circuit] court erred in denying the motion to reverse and remand the case to juvenile court for scheduling defects in violation of Code 16.1-296(D). 2. The [circuit] court erred in granting a continuance on January 30, 2014 at the request of the Department...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. On April 3, 2014, the trial court terminated the residual parental rights of Crystal Hareford (appellant) to her son, A.H., pursuant to Code 16.1-283(C)(2). On appeal of this decision, appellant challenges the sufficiency of the evidence to support the termination. Upon reviewing the record and briefs of the parties, we conclude this appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. See Rule 5A:27. On...
UNPUBLISHED MEMORANDUM OPINION * STEPHEN R. McCULLOUGH, Judge. Smurfit-Stone Container Enterprises, the employer, challenges the commission's award of benefits. The employer's six assignments of error fall into two general issues. First, with regard to causation, the employer argues that: (1) the employee, Darrell Jones, failed to establish a causal relation between his medical treatment, disability, and his work injuries; (2) Jones's medical treatment at the hands of Dr. Arthur Wardell was...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. Maria Aguilar (hereinafter "mother") appeals the termination of her residual parental rights to her child, S.A. Mother asserts the trial court erred in finding that the Harrisonburg Rockingham Social Services District (hereinafter "HRSS") proved by clear and convincing evidence S.A.'s abuse presented a serious and substantial threat to her life, health or development and that it was not reasonably likely that the conditions resulting in such...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. Rockingham Memorial Hospital and Safety National Casualty Corporation (collectively "employer") appeal a decision of the Workers' Compensation Commission (hereinafter "the commission"). On appeal, employer argues that the commission erred in finding Maureen Norris sustained an injury by accident on February 8, 2011, arising out of and during the course of her employment, that she injured her left knee, neck, and back as a result of the accident,...
UNPUBLISHED MEMORANDUM OPINION * RANDOLPH A. BEALES, Judge. The circuit court granted Laura Pendleton Campbell (wife) a divorce from Bayard Bryon Campbell (husband) on the ground of the parties living separately and apart for more than a year. See Code 20-109(A)(9)(a). Husband appeals several rulings from the circuit court's September 27, 2013 final orders addressing spousal support 1 and equitable distribution. For the following reasons, we affirm in part, reverse in part, and remand...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. Kenneth Sturgill (father) appeals an order terminating his parental rights to his child, H.S. Father argues that the circuit court erred by (1) terminating his parental rights "when the child was placed with a relative and a goal of relative placement is achievable and a less restrictive alternative;" (2) terminating his parental rights and approving a permanency planning order because father "was not involved in the preparation of a foster care...
UNPUBLISHED MEMORANDUM OPINION * ROBERT P. FRANK, Judge. Shawnda Rush, appellant, was found in contempt of court, in violation of Code 18.2-456(1), by the Shenandoah County Juvenile and Domestic Relations District (J&DR) Court. She appealed that judgment to the circuit court. On appeal, she argues the circuit court erred in "appointing a special prosecutor with obvious conflicts of interest to pursue a criminal contempt charge" against her, in violation of her due process rights under the...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. The Pittston Company appeals a decision of the Workers' Compensation Commission finding that Franklin Calo was entitled to wage loss benefits when he did not sustain any wage loss on March 18, 2013, due to his post-injury earnings that were greater than his pre-injury earnings. 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...
UNPUBLISHED MEMORANDUM OPINION * TERESA M. CHAFIN, Judge. In a bench trial, Lorrie Arrington Padgett ("Padgett") was convicted of indecent liberties with a child by a person in a custodial or supervisory relationship in violation of Code 18.2-370.1. On appeal, Padgett maintains the trial court erred in holding that she was acting in a custodial or supervisory relationship when she engaged in sexual intercourse with the minor. For the reasons that follow, we affirm the decision of the...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. Deborah J. Baker appeals a decision of the Workers' Compensation Commission finding that Baker's Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome was a consequence of a compensable consequence and therefore not compensable. 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 Baker v. WalMart Assoc....
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. Bienvenido Tejada ("claimant") appeals from a November 7, 2013 order of the Workers' Compensation Commission affirming a deputy commissioner's denial of his claim for benefits. On appeal, claimant contends the commission "erred by denying [him] effective cross examination of witnesses' testimony because it was not translated from Spanish to English." Upon reviewing the record and the parties' briefs, we conclude that this appeal is without merit....
UNPUBLISHED MEMORANDUM OPINION * TERESA M. CHAFIN, Judge. In a bench trial, Justin Metro Arehart ("Arehart") was convicted of unlawful wounding in violation of Code 18.2-51. On appeal, he maintains the trial court erred in excluding evidence regarding the victim's specific incidents of prior violent conduct to establish his character for "turbulence and violence" and to corroborate Arehart's evidence that he acted in self-defense. For the reasons that follow, we affirm the decision of the...
UNPUBLISHED MEMORANDUM OPINION * PER CURIAM. The Uninsured Employer's Fund (Fund) appeals from a December 2, 2013 order of the Workers' Compensation Commission affirming a deputy commissioner's opinion finding that Laquita Edna Opperman (claimant) remains disabled from her October 31, 2008 work accident. On appeal, Fund contends the commission erred by (1) "finding that Claimant remains disabled as a result of the October 31, 2008 industrial accident," (2) "giving weight to the opinions of...
