JAMES R. CALLAHAN
v.
NORFOLK DREDGING COMPANY CONTINENTAL INS CO (THE), Insurance Carrier
CONTINENTAL INS CO, Claim Administrator
Jurisdiction Claim No. VA02000034151
Claim Administrator File No. E2F50602
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 12, 2021
Date
of Injury: April 30, 2019
Philip
J. Geib, Esquire For the Claimant.
Matthew S. Tidball, Esquire For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
NEWMAN
Commissioner
The
defendants request interlocutory review of the Deputy
Commissioner’s December 3, 2020 decision denying their
Motion to Dismiss the claimant’s claim. We AFFIRM as we
DENY interlocutory review.
I.
Material Proceedings
The
claimant was involved in a workplace accident on April 30,
2019 and sustained an injury to his left biceps/arm. He was
awarded medical benefits by Stipulated Order entered on
September 3, 2020.
On
October 22, 2020, the claimant filed a protective claim for
temporary total disability benefits. He did not specify any
periods of wage loss and stated a “hearing is not
needed in this matter at this time.” On October 23,
2020, the Commission issued an Acknowledgment of Filing
noting that the claim had been filed but that “[n]o
further action will be taken on the claim until requested by
the parties.”
On
October 27, 2020, the defendants filed a Motion to Strike the
October 22, 2020 protective claim. They argued the claim
sought indemnity benefits for unspecified reasons and that
the claimant was attempting to indefinitely extend the
Virginia Code § 65.2-708 statute of limitations without
any factual basis. On November 11, 2020, the claimant
responded that the filing of protective claims was “a
usual and customary practice in accord with the Act,”
and that the defendants could not require him to request that
the claim be docketed for a hearing. He asked for the Motion
to Strike be denied.
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