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...
