Flowers v. Washington Metropolitan Area Transit Authority, 080421 VAWC, VA00001789457

• Case Date: August 04, 2021
• Court: Virginia

CHARLES FLOWERS v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Insurance Carrier SEDGWICK CLAIMS MANAGEMENT SERVICES, INC, Claim Administrator Jurisdiction No. VA00001789457 Virginia In The Workers’ Compensation Commission August 4, 2021           Date of Injury: January 3, 2019          Claim Administrator File No. C066055738000101660           Charles Flowers Claimant pro se.           Mark H. Dho, Esquire For the Defendant.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          OPINION           RAPAPORT Commissioner          The claimant requests review of the Deputy Commissioner’s April 21, 2021 Opinion dismissing his Claim for Benefits without prejudice. We AFFIRM.          I. Material Proceedings          The claimant filed a claim on December 4, 2020 alleging that he sustained a compensable injury by accident on January 3, 2019.          The Commission issued a Notice of Hearing on December 29, 2020 scheduling an in-person evidentiary hearing for April 21, 2021 at 10:00 a.m. to be overseen by Deputy Commissioner Nevin.          On March 11, 2021, the defendant filed a Certificate of Discovery advising that a Notice of Deposition of Claimant had been mailed to the claimant.          Deputy Commissioner Nevin conducted an evidentiary hearing on April 21, 2021. The claimant did not appear. The Deputy Commissioner dismissed the claim and explained:

Upon calling of the case there was no appearance by the claimant, although the record reveals that he 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 his 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 December 4, 2020, Claim for Benefits, he has failed to meet his burden of proof.

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