Griffey v. United Coal Company LLC Summitpoint Insurance Co., 062421 VAWC, VA00001738474

Case DateJune 24, 2021
CourtVirginia
RANDY GRIFFEY JR
v.
UNITED COAL COMPANY LLC SUMMITPOINT INSURANCE COMPANY, Insurance Carrier BRICKSTREET MUTUAL INSURANCE COMPANY, Claim Administrator Jurisdiction
Claim No. VA00001738474
Virginia Workers Compensation
Virginia In The Workers' Compensation Commission
June 24, 2021
          Date of Injury June 9, 2020          Claim Administrator File No. 2020013274           Randy Griffey, Jr. Claimant, pro se.           Jason D. Gallagher, Esquire For the Defendants.          OPINION           MARSHALL COMMISSIONER          REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          The defendants request review of a Staff Attorney's April 19, 2021 rejection of their April 1, 2021 Employer's Application for Hearing. We AFFIRM.          I. Material Proceedings          The claimant sustained a compensable work accident on June 9, 2020. The parties agreed he suffered a "left cal[c]aneus fracture," resulting in temporary total disability. A September 24, 2020 Award Order granted a medical award and temporary total disability from June 10, 2020 and continuing.          The defendants filed an April 1, 2021 Employer's Application for Hearing. It alleged the claimant was released to return to pre-injury work on February 17, 2021 by Dr. Whitman's report of that date. The application also alleged the claimant refused selective employment within his physical capacity at "no kneeling" on February 18, 2021. The defendants included a Return to Work/School note from Thomas Whitman, M.D. of Appalachian Orthopedics. Dr. Whitman saw the claimant on February 17, 2021. He checked work limitations: "MAY RETURN TO WORK-NO KNEELING FOR 1 MONTH UNTIL FOLLOW UP APPOINTMENT ON 3/17/2021." Compensation was paid through March 31, 2021.          On April 19, 2021, a Staff Attorney found probable cause did not exist and rejected the application. The employer's application included no documentation of any offer of selective employment. Pursuant to Commission Rule 1.4, she found compensation was not paid as required based on the...

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