Republic Services of Virginia, LLC v. Opoku, 080916 VACA, 0696-16-4

Docket Nº:0696-16-4
Opinion Judge:PER CURIAM.
Party Name:REPUBLIC SERVICES OF VIRGINIA, LLC AND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. GEORGE P. OPOKU
Attorney:(Stephanie S. Ryan; Ryan Law, PLLC, on brief), for appellants. (W. David Falcon, Jr.; Michael Herdman; Chasen & Boscolo, P.C., on brief), for appellee.
Judge Panel:Present: Judges Alston, Chafin and Senior Judge Haley
Case Date:August 09, 2016
Court:Court of Appeals of Virginia
 
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REPUBLIC SERVICES OF VIRGINIA, LLC AND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

v.

GEORGE P. OPOKU

No. 0696-16-4

Court of Appeals of Virginia

August 9, 2016

         FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

          (Stephanie S. Ryan; Ryan Law, PLLC, on brief), for appellants.

          (W. David Falcon, Jr.; Michael Herdman; Chasen & Boscolo, P.C., on brief), for appellee.

          Present: Judges Alston, Chafin and Senior Judge Haley

         

MEMORANDUM OPINION[*]

          PER CURIAM.

         Republic Services of Virginia, LLC ("employer") appeals from an April 5, 2016 opinion of the Workers' Compensation Commission. The Commission affirmed a deputy commissioner's opinion finding that George P. Opoku ("claimant") sustained a compensable injury by accident and that his claim was not barred by willful misconduct. On appeal, employer contends the Commission erred by (1) concluding employer failed to prove claimant willfully breached a safety rule, (2) affirming the deputy commissioner's "creation of an exception to the safety rule, " (3) affirming the deputy commissioner's discovery rulings, and (4) finding claimant proved a compensable injury by accident.

         Upon reviewing the record and briefs, we conclude that this appeal is without merit. Accordingly, we summarily affirm the Commission's...

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