TUCKER v. BLUE GRAY TRANS., 0031-06-2, Unpublished (Va.App. 5-9-2006)

PER CURIAM

Rickey Alvin Tucker appeals a decision of the Workers' Compensation Commission finding he failed to meet his burden of proving that he was an employee of Blue Gray Transportation Company, LLC at the time of his accident on August 30, 2004. The commission ruled he was an independent contractor. We have reviewed the record and the commission's opinion, and we hold that this appeal is without merit. Accordingly, we affirm the commission's decision for the reasons stated by the commission in its final opinion. See Tucker v. Blue Gray Transportation Company, LLC, VWC File No. 220-71-37 (Dec. 7, 2005). 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.