TERRA FIRMA LLC v. ROBERT SEXTON (2011)

Terra Firma, LLC, (employer) appeals the decision of the Workers' Compensation Commission finding that Robert T. Sexton (claimant) suffered a compensable injury as a result of his work on August 19 and 20, 2009.   Employer argues claimant's evidence showed that he worked in hot conditions but failed to establish there were unusual or extreme conditions on the days in question.¹  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 Sexton v. Terra Firma, VWC File No. VA02000002805 (June 28, 2011).   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.

FOOTNOTES

FOOTNOTE.  FN*.  Pursuant to Code § 17.1–413, this opinion is not designated for publication.

FN1. We view the evidence on appeal in the light most favorable to “the prevailing party before the commission.”  Dunnavant v. Newman Tire Co., 51 Va.App. 252, 255, 656 S.E.2d 431, 433 (2008).  “ ‘ “Whether an injury arises out of the employment is a mixed question of law and fact and is reviewable by the appellate court.” ’ ”  Kjellstrom & Lee, Inc. v. Saunders, 42 Va.App. 673, 677–78, 594 S.E.2d 281, 283 (2004) (quoting Stone v. Keister's Market & Grill, 34 Va.App. 174, 178–79, 538 S.E.2d 364, 366 (2000))..  FN1. We view the evidence on appeal in the light most favorable to “the prevailing party before the commission.”  Dunnavant v. Newman Tire Co., 51 Va.App. 252, 255, 656 S.E.2d 431, 433 (2008).  “ ‘ “Whether an injury arises out of the employment is a mixed question of law and fact and is reviewable by the appellate court.” ’ ”  Kjellstrom & Lee, Inc. v. Saunders, 42 Va.App. 673, 677–78, 594 S.E.2d 281, 283 (2004) (quoting Stone v. Keister's Market & Grill, 34 Va.App. 174, 178–79, 538 S.E.2d 364, 366 (2000)).