Ned N. Cary, Jr. v. Anheuser-Busch, Inc.

Court of Appeals of Virginia

Ned N. Cary, Jr. v. Anheuser-Busch, Inc.

DecidedNovember 9, 1999

Docket2179991

StatusUnpublished

This text of Ned N. Cary, Jr. v. Anheuser-Busch, Inc. (Ned N. Cary, Jr. v. Anheuser-Busch, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ned N. Cary, Jr. v. Anheuser-Busch, Inc., (Va. Ct. App. 1999).

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Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Benton, Coleman and Willis

NED N. CARY, JR. MEMORANDUM OPINION* v. Record No. 2179-99-1 PER CURIAM NOVEMBER 9, 1999 ANHEUSER-BUSCH, INC. AND CIGNA INSURANCE COMPANY

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

(Ned N. Cary, Jr., pro se, on briefs).

(William C. Walker; Donna White Kearney; Taylor & Walker, P.C., on brief), for appellees.

Ned N. Cary, Jr. contends that the Workers' Compensation

Commission erred in refusing to order reinstatement of his

employment with Anheuser-Busch, Inc. on the ground that employer

violated his civil rights when it terminated him for refusing to

sign a consent form for drug testing. Upon reviewing the record

and the briefs of the parties, we conclude that this appeal is

without merit. Accordingly, we summarily affirm the

commission's decision. See Rule 5A:27.

"Generally, the Commission's jurisdiction is limited to

those issues which are directly or necessarily related to the

right of an employee to compensation for a work-related injury."

* Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication. Hartford Fire Ins. Co. v. Tucker, 3 Va. App. 116, 120, 348

S.E.2d 416, 418 (1986). The civil rights issues raised by Cary

and the relief sought, reinstatement of employment, do not fall

within the purview of the commission's jurisdiction.

Accordingly, the commission did not err in holding that it had

no jurisdiction over those issues.

In addition, the commission did not err in finding that the

doctrine of res judicata prohibited it from reconsidering the

issues previously decided in its February 28, 1997 opinion,

which was affirmed by this Court on July 8, 1997. See Cary v.

Anheuser Busch, Record No. 0781-97-1 (Va. Ct. App. July 8,

1997).

For these reasons, we affirm the commission's decision.

Affirmed.

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