De Botello v. One On One Care Midwest Employers Casualty Co., 062521 VAWC, VA00001745631

Case DateJune 25, 2021
CourtVirginia
RAMONA VALDEZ DE BOTELLO
v.
ONE ON ONE CARE MIDWEST EMPLOYERS CASUALTY CO, Insurance Carrier
KEY RISK MANAGEMENT SERVICES, Claim Administrator Jurisdiction
Claim No. VA00001745631
Virginia Workers Compensation
Virginia In The Workers' Compensation Commission
June 25, 2021
          Date of Injury: May 6, 2020          Claim Administrator File No. KEY000018330           Ramona Valdez De Botello Claimant, pro se.           Kwabena A. Akowuah, 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 January 13, 2021[1] Opinion finding that she did not suffer an injury arising out of and in the course of her employment. We AFFIRM. I. Material Proceedings          On July 24, 2020, the claimant filed a Claim for Benefits alleging she suffered a compensable injury by accident on May 6, 2020. At the hearing, she alleged she suffered head and back injuries from a motor vehicle accident on May 6, 2020. She also alleged she fell while going to her car at a client's house on July 4, 2020, because her leg gave out as a result of her injuries sustained on May 6, 2020. She sought medical benefits and temporary total disability benefits beginning July 7, 2020.          Pertinent to our review, the defendants disputed that the claimant sustained an injury by accident arising out of and in the course of her employment on May 6, 2020.          Deputy Commissioner Mayo conducted an evidentiary hearing on January 11, 2021. The          Deputy Commissioner held that the claimant's injury was not compensable as it did not fall within the three exceptions of the coming and going rule. He concluded:
On May 6, 2020, the claimant left her home driving to her client's home to perform her duties. On the way, she was involved in a motor vehicle accident. Since none of the exceptions to the coming and going rule apply, the injuries she sustained in the motor
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