COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

MARIA A. WOOLDRIDGE 

v. Record No. 0811-95-4 MEMORANDUM OPINION*

 PER CURIAM 

MONTGOMERY WARD & CO., INC. SEPTEMBER 26, 1995 

AND 

AETNA CASUALTY & SURETY CO. 

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Walter B. Golden, III, on brief), for appellant. 

 (Roger S. Mackey, on brief), for appellees. 

 Maria A. Wooldridge ("claimant") contends that the Workers' 

Compensation Commission erred in finding that (1) her August 18, 

1993 application alleging a change in condition was time-barred 

pursuant to Code § 65.2-708; and (2) the doctrine of "imposition" 

did not apply to her claim for temporary total disability 

benefits commencing January 2, 1993. 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:27.1

 

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

designated for publication. 

 1We do not consider the medical records included by claimant 

in the appendix at pages 577 through 624. These records were not 

part of the record before the commission. Therefore, we will not 

consider them for the first time on appeal. Accordingly, 

claimant's motion to include these medical records with the 

record is denied. 

 On appeal, we view the evidence in the light most favorable 
 2 

to the prevailing party below. R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). In 

denying claimant's application alleging a change in condition 

beginning January 2, 1993, the commission found the following: 

 We find no merit to either of claimant's 

arguments. Section 65.2-708 is not a statute 

of limitations in the ordinary sense. See 

Binswanger Glass Company v. Wallace, 214 Va. 

70, 197 S.E.2d 191, § 1973 [sic]. Rather the 

Section provides that a change in condition 

entitling the claimant to additional 

disability benefits must occur within two 

years from the last day for which 

compensation was paid pursuant to an award. 

Here, the claimant was awarded benefits 

through August 21, 1989. Her additional 

disability did not occur within two years 

from that date and the Deputy Commissioner 

properly determined that she was without 

authority to award additional benefits. 

There was no evidence of any fraud, 

concealment or imposition that would bar the 

employer from asserting this defense. 

 I. 

 Code § 65.2-708 clearly and unequivocally provides that "no 

such review [of an award on the ground of change in condition] 

shall be made after twenty-four months from the last day for 

which compensation was paid, pursuant to an award under this 

title." This section required that claimant's application 

alleging a change in condition be filed within twenty-four months 

of August 29, 1989, the last day for which compensation was paid. 

 The medical records support the commission's finding that 

claimant's additional disability did not occur within two years 

of August 29, 1989. Accordingly, the commission did not err in 
 3 

finding that Code § 65.2-708 barred claimant from receiving an 

award of temporary total disability benefits commencing January 

2, 1993. 

 II. 

 "'Imposition' . . . empowers the commission in appropriate 

cases to render decisions based on justice shown by the total 

circumstances even though no fraud, mistake or concealment has 

been shown." Avon Products, Inc. v. Ross, 14 Va. App. 1, 7, 415 

S.E.2d 225, 228 (1992). Claimant does not contend that there was 

evidence of fraud or concealment by employer. Furthermore, there 

was no evidence that employer's action or inaction caused the 

two-year period to expire before claimant filed her application 

alleging a change in condition commencing January 2, 1993. Thus, 

the commission did not err in ruling that the doctrine of 

imposition did not preclude employer from relying upon Code 

§ 65.2-708. 

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

 Affirmed.