JONATHAN HERMAN
v.
RWEC
AMERICAN ZURICH INS CO, Insurance Carrier
ZURICH SERVICES CORPORATION, Claim Administrator
Jurisdiction Claim No. VA00001517573
Claim Administrator File No. 2440298457
Virginia In The Workers' Compensation Commission
June 28, 2021
Date
of Injury September 12, 2018
Corey
R. Pollard, Esquire Hobart F. Reed, Esquire For the Claimant.
Alan
D. Sundburg, 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 the Deputy Commissioner's
February 8, 2021 Opinion finding the claimant reasonably
marketed his residual work capacity from September 26, 2020
through December 7, 2020 and from January 8, 2021 and
continuing. We AFFIRM.
I.
Material Proceedings
The
claimant worked for the employer as a journeyman lineman. He
fell from a utility pole on September 12, 2018. A January 24,
2020 Review Opinion awarded medical benefits for injuries to
the left wrist, left hand, right pelvis, right hip and nose.
It found the claimant was partially disabled and failed to
market residual work capacity. It reversed an award of
temporary total disability for September 27, 2018 to January
14, 2019 and from January 24, 2019 through March 17, 2019.
The claimant received temporary total disability from
September 13, 2018 through September 27, 2018 and January 15,
2019 through January 23, 2019. A September 25, 2020 Opinion
denied indemnity but awarded medical benefits for the
back/spine.
The
claimant's October 13, 2020 claim sought temporary
partial disability[1] from September 26, 2020 and
continuing, based on a post injury average weekly wage of
$281.25. He began working at Gilbert Sand & Stone in
March 2020, where he earns $7.50 per hour.
The
Deputy Commissioner found the medical record supported the
claim of partial disability. She found the treating
physician, Dr. Caprise, assigned sedentary work restrictions.
The
Deputy Commissioner found the claimant adequately marketed
his residual work capacity from September 26, 2020 through
December 7, 2020 and from January 8, 2021 and continuing. He
did not look for work from December 8, 2020 through January
7, 2021 due to family commitments. The Deputy Commissioner
denied benefits for that period.
The
Deputy Commissioner found the claimant's testimony was
credible. She noted she previously found him a credible
witness. She stated, "[a]t this hearing, the claimant
displayed no mannerisms or any demeanor that would alter our
impression of his credibility." (Op. 7.) She
acknowledged the claimant applied for jobs that were outside
his restrictions and experience. She "accepted
claimant's explanation that his job search market was a
rural area and there was not an abundance of j obs within the...
