Vaughan v. Leonardo’s Pizza Inc., 072821 VAWC, VA00001540965

Case DateJuly 28, 2021
CourtVirginia
CASSIDY VAUGHAN
v.
LEONARDO’S PIZZA INC STATE FARM FIRE AND CASUALTY CO, Insurance Carrier SEDGWICK CLAIMS MANAGEMENT SERVICES, INC, Claim Administrator
Jurisdiction Claim No. VA00001540965
Claim Administrator File No. 6666087402000101660
Virginia Workers Compensation
Virginia In The Workers’ Compensation Commission
July 28, 2021
         Date of Injury: May 3, 2018           James B. Thorsen, Esquire For the Claimant.           Timothy D. Watson, Esquire For the Defendants.          OPINION           RAPAPORT Commissioner          REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          The claimant requests review of the Deputy Commissioner’s April 23, 2021 Opinion denying medical benefits for a back injury. We AFFIRM.          I. Material Proceedings          The claimant, a waitress, sustained a compensable injury by accident on May 3, 2018 and suffered a nasal bone fracture, neck strain, and left hand strain. The defendants have paid medical benefits and a period of temporary total disability benefits. The claimant filed a claim on October 15, 2019 alleging that she also injured her low back during the occupational accident. The defendants defended that the claimant did not sustain a compensable injury to her back and that medical treatment for the back was unrelated to the work incident.          Deputy Commissioner Roach conducted an evidentiary hearing on February 11, 2021. The Deputy Commissioner found that the claimant failed to prove the occurrence of a compensable back injury. He explained:
The medical records establish that the claimant was involved in two motor vehicle accidents prior to the May 3, 2018 work accident, and treated with Dr. Shaw on a number of occasions. The claimant agreed that she did not suffer any back pain immediately after the work-related accident and that she did not complain of back pain to her initial medical providers.
The claimant testified that her back pain started within several months of the May 3, 2018 accident; however, the first time it is referenced in any
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