ALISA JOHNSON
v.
HALL CHEVROLET HARTFORD UNDERWRITERS INS CO, Insurance Carrier
HARTFORD UNDERWRITERS INS CO, Claim Administrator
Jurisdiction Claim No. VA00001414230
Claim Administrator File No. Y66C 82802
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 15, 2021
Date
of Injury: December 9, 2017
Corey
R. Pollard, Esquire For the Claimant.
Adam
S. Rafal, Esquire For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
RAPAPORT Commissioner
The
defendants request review of the Deputy Commissioner’s
October 19, 2020 Opinion finding the claimant proved her left
ankle injury was a compensable consequence of her
work-related right knee injury, and the defendants were
responsible for the requested home modification. We AFFIRM.
I.
Material Proceedings
The
claimant suffered a compensable injury by accident to her
right knee on December 9, 2017. Pursuant to an agreement by
the parties, on April 23, 2019, the Commission entered an
Award Order providing for medical benefits and temporary
total disability benefits beginning November 19, 2018.
On
August 26, 2019 and May 12, 2020, the claimant filed claims
seeking medical benefits for her left ankle as a compensable
consequence and home modification recommended by Dr.
Luciano-Perez. The defendants defended the claims on the
grounds there was no causal connection between the injury and
medical treatment, and the requested medical treatment and
modifications were not causally related to the accident.
Deputy
Commissioner Jenkins held an evidentiary hearing via WebEx on
July 28, 2020. He found the claimant proved her ongoing right
knee condition was causally related to her work injury, and
she suffered a left ankle injury when she fell as a result of
her compensable right knee injury. He also found the
recommended home modification to either install a downstairs
bathroom or a stair lift was reasonable and necessary, given
the claimant’s inability to use the stairs due to
frequent falling associated with her ongoing right knee
condition.
The
defendants request review of the Deputy Commissioner’s
Opinion. The defendants contend the Deputy Commissioner erred
in finding the left ankle injury was a compensable
consequence, and the claimant was entitled to the home
modification. They assert Dr. Cohn’s...
