WILLIAM JONES
v.
NAVIGATOR INTERNATIONAL LLC NEW YORK MARINE & GENERAL INSURANCE CO, Insurance Carrier
CCMSI, Claim Administrator
Jurisdiction Claim No. VA00001492886
Claim Administrator File No. 18P05F682393
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 16, 2021
Date
of Injury July 2, 2018
William Jones Claimant, pro se.
Richard D. Lucas, Esquire For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
MARSHALL Commissioner
The
claimant requests review of a January 26, 2021 Order. It
dismissed his November 2, 2020 and November 23, 2020 claims
with prejudice. We AFFIRM.
I.
Material Proceedings
The
claimant sustained a compensable injury on July 2, 2018.
After a hearing, a November 15, 2019 Opinion awarded the
claimant medical benefits for a cervical strain. The
defendants requested review.
The
Commission’s March 3, 2020 Opinion affirmed and
modified. It ruled “the defendants are only responsible
for medical treatment for the July 2, 2018 cervical strain
through the completion of the claimant’s physical
therapy on September 4, 2018.”
The
claimant filed claims in December 2019 seeking back
pay.[1]
Deputy Commissioner Hunter held a July 2, 2020 hearing. The
claimant asked for “temporary total disability (TTD)
benefits (lost wages/back pay) for a period of six months
beginning July 2, 2018.” (Op. 2, Aug. 7, 2020.) The
Deputy Commissioner admitted medical records. The claimant
testified.
Deputy
Commissioner Hunter found the claimant was totally disabled
due to his neck strain on July 2, 2018; July 6, 2018 through
July 8, 2018; July 16, 2018 through July 25, 2018; and August
8, 2018 through August 31, 2018. The claimant’s average
weekly wage at the time of the accident was $258.75. Because
his average weekly wage fell below the minimum compensation
rate, his weekly compensation rate was also $258.75.
...
