Dervishi v. Davids Bridal Hartford Underwriters Ins Co., 070921 VAWC, VA00001775354

• Case Date: July 09, 2021
• Court: Virginia

LULJETA DERVISHI v. DAVIDS BRIDAL HARTFORD UNDERWRITERS INS CO, Insurance Carrier BROADSPIRE SERVICES, INC, Claim Administrator Jurisdiction Claim No. VA00001775354 Claim Administrator File No. 189342680001 Virginia Workers Compensation Virginia In The Workers’ Compensation Commission July 9, 2021           Date of Injury: September 8, 2020           Luljeta Dervishi Claimant, pro se.           Jennifer Helsel, 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 March 26, 2021 Opinion dismissing her claim without prejudice. We AFFIRM.          I. Material Proceedings          On October 26, 2020, the claimant filed a Claim for Benefits alleging a compensable injury by accident on September 8, 2020. On December 8, 2020, the Commission sent a Notice of Hearing to all parties reflecting that the hearing in the matter was scheduled for March 26, 2021 at 2:00 p.m. The Commission mailed the Notice of Hearing to the claimant at her address of record.          Deputy Commissioner Nevin convened the hearing on March 26, 2021, but the claimant did not appear. She also failed to contact the Commission to indicate her unavailability prior to the hearing. Within his Opinion, the Deputy Commissioner held:

Upon calling of the case there was no appearance by the claimant, although the record reveals that she was sent proper notice of the time and place of the hearing, and a reasonable time was allowed for the claimant to appear.

The burden is upon the claimant to prove every element of her case. Since the claimant, after receipt of proper notice, did not appear and no evidence was presented or made a part of the record to sustain the allegations contained in the September 8, 2020, Claim for Benefits, she has failed to meet her burden of proof.

Therefore, the claim is DISMISSED without prejudice to the claimant’s right to re-file within the statutory period.

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