IN RE: NEUROSURGICAL SPECIALISTS, INC., Medical Provider
ANTHONY WOLFE
v.
HUNTINGTON INGALLS INC NATIONAL UNION FIRE INS CO OF PITTSBURG, Insurance Carrier
YORK RISK SERVICES GROUP, Claim Administrator
Jurisdiction Claim No. 2405401
Virginia Workers Compensation
Virginia In The Workers’ Compensation Commission
March 19, 2021
Date
of Injury September 22, 2008
Claim
Administrator File No. NN000000584.
Philip
J. Geib, Esquire For the Medical Provider.
Bradley D. Reeser, Esquire For the Employer.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
ORDER
RAPAPORT Commissioner
The
employer filed a “Request for Review & Motion to
Consolidate In re Claims of Neurosurgical Specialists,
Inc.” regarding the January 29, 2021 Order issued by
the Commission. We AFFIRM the dismissal without
prejudice.
[1]
I.
Material Proceedings
Prior
to July 1, 2012, an injured maritime employee could recover
benefits under the Virginia Workers’ Compensation Act
(“Act”) and the Longshore and Harbor
Workers’ Compensation Act (“LHWCA”).
See Moore v. Va. Int’l Terminals, 254 Va. 46,
49 (1997).
[2]
The
Commission file reflects that a medical provider filed a
claim before July 1, 2019, seeking payment of alleged
underpayments for services rendered to the injured employee
while working for the employer.
As of
July 1, 2014, the Act was amended to include Code §
65.2-605.1. Therein, a health care provider had a one-year
statute of limitation to “submit a claim to the
Commission contesting the sufficiency of payment for health
care services rendered to a claimant after July 1,
2014.” Code § 65.2-605.1(F). The General Assembly
added subsection G, effective July 1, 2019, which instructed:
No health care provider shall submit, nor shall the
Commission adjudicate, any claim to the Commission seeking
additional payment for medical services rendered to a
claimant before July 1, 2014, if the health care provider has
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