Record No. 0091-08-4. May 13, 2008. Appeal from the Virginia Workers' Compensation Commission. (Joseph C. Veith, III; Trichilo, Bancroft, McGavin, Horvath Judkins, P.C., on brief), for appellants. (Andrew S. Kasmer, on brief), for appellee Bernard Staten. (Daniel E. Lynch; John T. Cornett; Williams Lynch, on brief), for appellees S.E. Smith, Inc. and West American Insurance Company. Present: Judge Beales, Senior Judge Fitzpatrick and Retired Judge Hodges. Retired Judge William H. Hodges took part