TREMAYNE HENRY
v.
M. E. FISHER FUNERAL HOME, INC. FEDERATED SERVICE INS CO, Insurance Carrier
FEDERATED SERVICE INS CO, Claim Administrator
Jurisdiction Claim No. VA02000034909
Claim Administrator File No. 569758-1
Virginia: In The Workers’ Compensation Commission
April 5, 2021
Date
of Injury: June 25, 2020
Tremayne Henry Claimant, pro se.
Frederick T. Schubert, II, Esquire For the Defendants.
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
November 30, 2020 Opinion finding that he did not prove he
suffered a compensable injury by accident on June 25, 2020.
We AFFIRM.
I.
Material Proceedings
On
August 6, 2020, the claimant filed a Claim for Benefits
alleging that he suffered a compensable injury by accident to
his chest on June 25, 2020. Within the Commission’s
Pre-Hearing Statement Order, the claimant alleged compensable
injuries to his chest and lungs. He requested medical
benefits.
Pertinent
to our review, the defendants disputed the claimant suffered
a compensable accident arising out of and in the course of
his employment.
Deputy
Commissioner Wilder conducted an evidentiary hearing on
November 16, 2020. He did not find anything in the
claimant’s testimony to “satisfactorily”
explain his actions after the alleged incident or overcome
the weight of the contrary “credible evidence”
presented that the claimant did not suffer the accident or
injuries as he described at hearing. (Op. 3.)
The
claimant requests review of the decision. He asserts the
other witnesses told “the untruth under oath.”
(Cl.’s W.S. 1.) He also attached the medical records
that were part of the record below stating he was injured by
his employer.[1]
II.
Findings of Fact and Rulings of Law
The
burden is upon the claimant to prove by a preponderance of
the...
