KIMBERLY COLEMAN
v.
CORTECH LLC UNITED WI INS CO, Insurance Carrier
NEXT LEVEL ADMINISTRATORS LLC, Claim Administrator
Jurisdiction Claim No. VA00001678714
Claim Administrator File No. UW1900016794
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 15, 2021
Date
of Injury: November 8, 2019
Derrick Thomas, Esquire For the Claimant.
Charles F. Midkiff, Esquire For the Defendants.
REVIEW
on the record by Commissioner Newman, Commissioner Rapaport,
and Chief Deputy Commissioner Szablewicz at Richmond,
Virginia. [1]
OPINION
NEWMAN
Commissioner
The
defendants requested review of the Commissioner’s
November 12, 2020 Corrected Opinion finding the
claimant’s medical treatment and disability after
November 13, 2019, were causally related to her November 8,
2019 work accident. We AFFIRM.
I.
Material Proceedings
The
claimant, a preventative maintenance worker, sought temporary
total disability benefits and a medical award for her back,
hips and legs which she claimed to have injured while
carrying a tree branch. The parties stipulated to a
compensable low back injury and agreed that treatment through
November 13, 2019, was causally related to the work accident.
The defendants disputed that medical treatment and disability
after November 13, 2019, was causally related to the work
accident but contended it was due to pre-existing conditions.
The
Commissioner held that the claimant proved her disability and
treatment since the date of the accident were related to the
work accident. He awarded medical benefits for a back injury
and temporary total disability from November 8, 2019, through
February 10, 2020.[2]
The
defendants requested review.
II.
Findings of Fact and Rulings of Law
The
claimant suffers from pre-existing scoliosis. She was also
involved in a September 13, 2018 motor vehicle accident for
which she was diagnosed with thoracic and lumbar strains and
prescribed Toradol and a muscle relaxer. On October 2, 2018,
she treated at Dominion Medical with Betty Tasie, FNP
reporting low back pain with lower extremity numbness and
tingling since the motor vehicle accident. She was diagnosed
with scoliosis and chronic back pain. The claimant continued
to treat for her back pain and numbness with Tasie, who
administered numerous injections. At the last appointment
with Tasie on September 10, 2019, the claimant was seen for
back pain, stiffness, and decreased range of motion in her
spine. She also complained of aching and constant pain, with
worsening of symptoms with sitting, standing, and walking.
Tasie assessed low back pain, provided a Toradol injection,
and prescribed a muscle relaxer, Prednisone, and Tylenol for
pain.
The
claimant testified regarding her accident on November 8,
2019. She had reported to Bryan Park that morning and was...
