Mabe v. Joy Global Inc., 033121 VAWC, VA02000029696

Case DateMarch 31, 2021
CourtVirginia
JOSEPH MABE
v.
JOY GLOBAL INC.
ACE AMERICAN INS CO (TRAV INDEMNITY CO), Insurance Carrier
BROADSPIRE SERVICES, INC, Claim Administrator
Jurisdiction Claim No. VA02000029696
Virginia in the Workers’ Compensation Commission
March 31, 2021
          Date of Injury: January 25, 2015.           Claim Administrator File No. 188667637001.           John A. Martin, Esquire.           For the Insurer and Claim Administrator.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.           OPINION           RAPAPORT Commissioner.          Ace American Insurance Company and Broadspire Services, Inc. (insurer) request review of the Chief Deputy Commissioner’s January 4, 2021 Opinion affirming a June 11, 2020 Penalty Order assessing a $250 penalty. We AFFIRM.1          I. Material Proceedings          The procedural posture of this case was fully detailed within the lower opinion as follows:
On January 25, 2018, a Notification of Injury-Request for First Report of Injury was issued to the Insurer, Ace American Insurance Co. in JCN VA02000029696. On February 6, 2018, a Notification of Injury was issued to the Claim Administrator, Broadspire Services, Inc., in JCN VA00001431273 in response to which Broadspire Services, Inc., filed the FROI. On April 27, 2018, the Commission issued to Ace American Insurance Co. a Pre-Contempt Order-Failure to File First Report under JCN VA02000029696. On May 21, 2018, counsel for the Employer/Insurer requested consolidation of JCN VA00001431273 and JCN VA02000029696, which was completed by Claim Consolidation letter issued May 23, 2018, with JCN VA02000029696 being the survivor. The Claim Administrator was advised that once the consolidation was complete a FROI should be filed under JCN VA02000029696, or within 14 days of May 23, 2018. The FROI was filed on June 16, 2018 listing Broadspire Services, Inc., as the Claim Administrator.
In response to a Pre-Contempt Order-EDI Data Change issued by the Commission to the Claim Administrator on August 9, 2018, the Claim Administrator responded that it was no longer the Claim Administrator for the Employer. On December 4, 2018, the Commission issued to the Insurer an Information Required from Insurance Carrier letter requesting that it identify the proper Claim Administrator or a reason why it was unwilling to do so within 14 days. On December 14, 2018, defense
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