MARY E. BROADY
v.
SUSDEWITT MANAGEMENT LLC ACCIDENT FUND GENERAL INS CO, Insurance Carrier
ACCIDENT FUND INS COMPANY OF AMERICA, Claim Administrator Jurisdiction
Claim No. VA02000034488
Virginia Workers Compensation
Virginia In The Workers' Compensation Commission
June 24, 2021
Date
of Injury: March 5, 2020
Claim
Administrator File No. AFC230300352
Mary
Broady Claimant, pro se.
Christopher M. Kite, Esquire For the Defendants.
OPINION
NEWMAN
COMMISSIONER
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
The
claimant requested review of the Deputy Commissioner's
March 9, 2021 Opinion dismissing her claims without
prejudice. We AFFIRM.
I.
Material Proceedings
The
claimant sustained injuries to her right wrist, right arm,
and shoulder on March 5, 2020. She filed claims seeking an
award of medical and indemnity benefits.
On
January 7, 2021, the Commission sent a Notice of Hearing
Continuance/Change to the claimant's correct, last-known
address of record. The Notice was not returned to the
Commission as undeliverable by the United States Postal
Service. However, when the hearing was convened, the claimant
did not make an appearance, and she did not communicate with
the Commission.
The
Deputy Commissioner dismissed the claims without prejudice.
The claimant filed a timely request for review, stating she
was unaware of the hearing date and requesting that the
matter be returned to the hearing docket.
II.
Findings of Fact and Rulings of Law
The
claimant bears the burden of proving both her
"disability and the periods of that disability."
Marshall Erdman & Assocs. v. Loehr, 24 Va. App.
670, 679 (1997). In the present case, the claimant did not
make an appearance at the evidentiary hearing, and she did
not bring forth sufficient evidence to meet her burden.
Dismissing the claim without prejudice was appropriate and
doing so was within the...
