COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

ROY L. BLEVINS, SR. 

v. Record No. 1887-95-3 MEMORANDUM OPINION*

 PER CURIAM 

GILES COUNTY TECHNICAL CENTER/ JANUARY 23, 1996 

GILES COUNTY PUBLIC SCHOOLS 

 FROM THE VIRGINIA WORKERS' 

COMPENSATION COMMISSION 

 (Joseph J. Steffen, Jr., on brief), for appellant. 

 (John P. Grove; Woods, Rogers & Hazlegrove, on brief), 

for appellee. 

 Roy L. Blevins, Sr., contends that the Workers' Compensation 

Commission erred in finding that (1) his claim was barred due to 

his failure to give timely notice to Giles County Technical 

Center ("employer") of his March 18, 1988 injury by accident; and 

(2) employer was not required to show that it was prejudiced by 

Blevins's untimely notice. 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. Rule 5A:27. 

 An employee is not entitled to receive compensation or 

medical expenses unless the employee has given the employer 

written notice of the accident within thirty days, unless the 

employee had reasonable excuse or the employer had knowledge of 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
 2 

the accident. Code § 65.2-600. Additionally, the Act provides 

that "[n]o defect or inaccuracy in the notice shall be a bar to 

compensation unless the employer shall prove that his interest 

was prejudiced thereby and then only to such extent as the 

prejudice." Code § 65.2-200(E). Unless Blevins proved as a 

matter of law that employer received timely notice of his alleged 

March 18, 1988 accident, the commission's findings are binding 

and conclusive upon us. Tomko v. Michael's Plastering Co., 210 

Va. 697, 699, 173 S.E.2d 833, 835 (1970). 

 In ruling that Blevins failed to meet his burden of proving 

notice, the commission found that Blevins, who had a known 

history of back problems, informed the employer that he injured 

his back but failed to state that the injury was caused by his 

work. No evidence proved that Blevins informed the employer 

within thirty days that his injury resulted from a work-related 

cause. Indeed, Blevins admitted that he did not give notice of a 

work-related accident until August 1988. 

 Moreover, in light of his medical treatment during the 

thirty days immediately following the March 18, 1988 injury by 

accident, the commission was entitled to reject his assertion 

that he did not timely report his accident because he believed 

his injury was trivial. The commission made the following 

findings: 

 Counsel's argument that the injury was 

trivial is not persuasive. Following this 

injury, [Blevins] returned to his treating 

chiropractor and received treatment on eight 

occasions within the ensuing 30 days. There 
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is no record of further medical treatment 

until August of 1988, when he was referred 

for orthopedic and neurologic follow-up. In 

light of this, [Blevins] cannot be heard to 

contend that he thought the injury was 

trivial and, therefore, the accident itself 

did not need to be reported to his employer. 

 This fact distinguishes this case from those 

relied upon by counsel, in which lack of 

notice was excused. The claim is, therefore, 

fatally flawed at this point. 

 Based upon this record, we cannot say as a matter of law 

that the commission erred in finding that Blevins failed to give 

timely notice of his alleged accident as required by Code 

§ 65.2-600 and that he failed to show a reasonable excuse for the 

late notice. The commission did not err in holding that employer 

was not required to show prejudice. Blevins's evidence did not 

show incomplete or defective notice; rather, it showed that he 

did not report a March 18, 1988 work-related accident to employer 

within thirty days of its occurrence. 

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

 Affirmed.