ROBERT L. KELLY
v.
HENRICO COUNTY GOVERNMENT HENRICO COUNTY OF AND HENRICO COUNTY OF, Insurance Carrier
PMA MANAGEMENT CORP, TPA, Claim Administrator
Jurisdiction Claim No. VA00001247716
Claim Administrator File No. 0028W77760
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 15, 2021
Date
of Injury: September 14, 2016
Robert
Kelly Claimant, pro se.
Faraaz
A. Jindani, Esquire For the Defendant.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
NEWMAN
Commissioner
The
employer request review of the December 1, 2020 technical
rejection of its Employer’s Application for Hearing. We
REVERSE.
I.
Material Proceedings
On
September 14, 2016, the claimant sustained a compensable
injury as the result of a motor vehicle accident involving a
third party. He was awarded medical benefits and a closed
period of temporary total disability pursuant to an October
27, 2016 Award Order.
On
December 1, 2020, the employer filed an Employer’s
Application for Hearing (“EAH”) seeking the entry
of an Order suspending ongoing workers’ compensation
benefits and determining an offset amount. The employer
alleged the claimant had agreed to third-party settlements
relating to the motor vehicle accident, and that it was
entitled to an offset as provided by Virginia Code §
65.2-313. Although the employer had sent the claimant a
Suspension Order to review and sign, he had not returned it.
In support of its application, the employer submitted the
unsigned Suspension Order and executed third-party settlement
documents.
On
December 1, 2020, the Commission issued a Rejection of
Employers’ Application. It stated that the EAH failed
to conform to the requirements of Rule 1.4 of the Rules
of the Virginia Workers’ Compensation Commission.
The rejection notice stated that there was no existing or
ongoing award of compensation benefits and that there was no
provision under Virginia Code § 65.2-708...
