Ashlock v. Walmart Associates Inc National Union Fire Ins Co of Pittsburg, 031821 VAWC, VA00000815595

Case DateMarch 18, 2021
CourtVirginia
VERNICE SUTTON ASHLOCK
v.
WALMART ASSOCIATES INC NATIONAL UNION FIRE INS CO OF PITTSBURG, Insurance Carrier
WALMART CLAIMS SERVICES, INC., Claim Administrator
Jurisdiction Claim No. VA00000815595
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 18, 2021
          Date of Injury: August 6, 2013.           Claim Administrator File No. C3491977.           Vernice Sutton Ashlock Claimant, pro se.           Peter G. Irot, Esquire For the Defendants.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.           OPINION           RAPAPORT Commissioner.          The claimant requests review of the Deputy Commissioner’s December 3, 2020 Opinion denying her request for physical therapy ordered by Dr. Aldridge. We AFFIRM.          I. Material Proceedings          The claimant suffered a compensable injury by accident on August 6, 2013. The claimant was awarded causally related, reasonable, and necessary medical benefits to treat her “[r]ight hip trochanteric bursitis, traumatic – Bursectomy.” She received temporary total disability benefits from March 24, 2014 through March 30, 2014 and from January 27, 2015 through June 24, 2016.          On October 1, 2020, the claimant filed a Claim for Benefits seeking physical therapy recommended by Dr. John W. Aldridge.1 The defendants submitted position statements, pursuant to the schedule set forth in the October 22, 2020 Notice of On-the Record Hearing. They asserted the claimant could not carry her burden of proving causation.          The Deputy Commissioner held an on-the-record hearing on November 24, 2020. On December 3, 2020, the Deputy Commissioner denied the claimant’s claim. She did not find the requisite causal connection between the claimant’s August 6, 2013 work accident and the requested authorization for physical therapy. On December 16, 2020, the Deputy Commissioner denied reconsideration of her opinion after reviewing the claimant’s December 15, 2020 correspondence.          The claimant’s December 15, 2020 correspondence was treated as a Request for Review. She...

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