Court of Appeals of VirginiaJun 1, 2004
Record No. 0178-04-2 (Va. Ct. App. Jun. 1, 2004)

Record No. 0178-04-2.

June 1, 2004.

Appeal from the Virginia Workers' Compensation Commission.

(William T. Bowling, pro se, on brief).

(William C. Carr, Jr.; Emroch Kilduff, LLP, on brief), for appellee.

Present: Judges Bumgardner, Humphreys and Senior Judge Hodges.


Pursuant to Code § 17.1-413, this opinion is not designated for publication.


William T. Bowling/Ted Bowling Construction ("employer") appeals a decision of the Workers' Compensation Commission finding that employer failed to sustain its burden of proving that it did not have three or more employees regularly in service and was, therefore, not subject to the Workers' Compensation Act. We have reviewed the record and the commission's opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Creel v. Bowling/Ted Bowling Construction, VWC File No. 211-36-95 (Dec. 22, 2003). 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.

Because we summarily affirm the commission's decision, we will not address the arguments raised by Creel with respect to employer's failure to comply with the requirements of Rule 5A:25.