FAYE BONDS
v.
NEWPORT NEWS PUBLIC SCHOOLS NEWPORT NEWS CITY OF SCHOOL BOARD, Insurance Carrier
PMA MANAGEMENT CORP, TPA, Claim Administrator
Jurisdiction Claim No. VA00001522238
Virginia Workers Compensation
April 6, 2021
Date
of Injury: September 19, 2018.
Claim
Administrator File No. 0026W65676.
Horace
F. Hunter, Esquire For the Claimant.
Adonica Baine, Esquire For the Defendant.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
NEWMAN
Commissioner.
The
employer requested review of the Deputy Commissioner’s
December 2, 2020 Opinion finding the claimant suffered a
compensable injury to her right shoulder. We AFFIRM.[1]
I.
Material Proceedings
The
claimant, a library media assistant, alleged an injury by
accident to her right shoulder while lifting approximately
twenty pounds of books on September 19, 2018. She filed
claims seeking an award of medical benefits. The defendants
asserted the claimant did not suffer a compensable injury by
accident arising out of and in the course of her employment
and that she was not injured as a result of any compensable
accident.
The
Deputy Commissioner held that the claimant sustained a left
shoulder injury as a result of a compensable injury by
accident on September 19, 2018. He entered an award of
medical benefits.
The
defendant requested review.
II.
Findings of Fact and Rulings of Law
The
claimant, a library media assistant, testified her job
involves lifting books and materials. On September 18 and 19,
2018, she had been instructed to remove all the books from
the library shelves because there was mold in the library.
The task required that she pack the books into boxes. On
September 19, 2018, she attempted to lift a box containing
fifteen to twenty books, felt a pull in her shoulder and
dropped the box onto a table. (Tr. 5.)
The
claimant completed her shift for the day but after
approximately a week of continued pain, made an appointment
with her primary care doctor. She did not tell her supervisor
she had been injured on the job because she thought it was a
minor injury that would resolve on its own. She told her
primary care doctor she had hurt her right shoulder on the
job. When she called the secretary, Ms. Francis at work to...
