Crespo v. Montgomery County Public Schools, 051921 VAWC, VA00001571461

• Case Date: May 19, 2021
• Court: Virginia

ANDREA CRESPO v. MONTGOMERY COUNTY PUBLIC SCHOOLS Virginia Association of Counties Group S, Insurance Carrier VACO Groups Self-Insurance Risk Pool, Claim Administrator Jurisdiction Claim No. VA00001571461 Virginia In The Workers' Compensation Commission May 19, 2021           Date of Injury February 11, 2019          Claim Administrator File No. WC060B238651           Andrea Crespo Pro Se Claimant.           John S. Honeycutt, Esq. For the Defendants.           Review before Commissioner Newman, Commissioner Rapaport, and Chief Deputy Commissioner Szablewicz in Richmond, Virginia.          This case comes before the Commission on the claimant's May 6,2021 Request for Review of the compromise settlement Order issued by Deputy Commissioner Bruner on May 24, 2019.          Rule 3.1 of the Rules of the Virginia Workers' Compensation Commission provides in part, "A request for review of a decision, order or award of the Commission shall be filed by a party in writing with the Clerk of the Commission within 30 days of the date of such decision, order or award." See also Va. Code § 65.2-705. The 30-day period established by this Rule is jurisdictional and the Commission has no jurisdiction to review a case if the request for review is not filed within that time period, except to correct for fraud or mistake. Markham v. City of Norfolk Fire & Paramedical, 78 O.W.C. 189 (1999). This maxim applies whether a Request for Review is twenty-one days late - see Smith v. Goodyear Tire & Rubber Co., VWC File No. 200-44-22 (Nov. 20, 2005) - or just one day late - see Quarles v. Virginia Commonwealth University, VWC File No. 198-89-06 (Oct. 27, 2005).          In the present case, the compromise settlement Order for which the claimant seeks a Review was issued on May 24, 2019. The Request for Review is dated May 1, 2021, however it was received by the Commission on May 6, 2021. Virginia Code § 65.2-101 provides the following definition of "filed:"

'Filed' means hand delivered to the Commission's office in Richmond or any regional office maintained by the Commission; sent by means of electronic transmission approved by

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