Holloway v. HA Transportation Services LLC, 020922 VAWC, VA00001703626

• Case Date: February 09, 2022
• Court: Virginia

SHEENA HOLLOWAY v. HA TRANSPORTATION SERVICES LLC ACCIDENT FUND INS CO OF AMERICA, Insurance Carrier ACCIDENT FUND INS CO OF AMERICA, Claim Administrator Jurisdiction Claim No. VA00001703626 Virginia In The Workers’ Compensation Commission February 9, 2022           Date of Injury: February 6, 2020.          Claim Administrator File No. ARC110003639.           Sheena Holloway Claimant, pro se.           Scott C. Ford, Esquire For the Defendants.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          The claimant requests review of the Deputy Commissioner’s November 3, 2021 Opinion denying her claim for medical benefits and wage loss benefits. We AFFIRM.          I. Material Proceedings          The claimant, a bus driver, filed multiple claims in 2020 and 2021 alleging that she sustained a compensable injury by accident on February 6, 2020. She alleged injuries to her lumbar spine (including spondylolysis with spondylolisthesis), thoracic spine, left shoulder, left leg and buttocks. The defendants raised numerous defenses against the claim, including that the claimant sustained no sudden mechanical change in her body, or alternatively, no injury, as a result of the incident.          Deputy Commissioner Jenkins conducted an evidentiary hearing on September 10, 2021.          The Deputy Commissioner held that the claimant failed to prove a compensable injury by accident as the evidence did not support that she suffered a sudden mechanical or structural bodily change.          He explained:

Claimant testified her bus was rear-ended, causing a dent behind the back wheel of the bus on the driver’s side. On cross-examination, Claimant agreed she was travelling approximately 5 miles per hour at the time of impact, that the damage to her bus was minimal, and that she told the police on the scene she did not believe she was hurt. Claimant testified her body “jerked” during the accident, but her body did not strike anything inside the bus. Claimant testified she did not feel any pain until

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