Manning v. City of Newport News, 090921 VAWC, VA00001492636

Docket NºJurisdiction Claim VA00001492636
Case DateSeptember 09, 2021
PMA MANAGEMENT CORP, TPA, Claim Administrator
Jurisdiction Claim No. VA00001492636
Claim Administrator File No. 0024W24513
Virginia In The Workers' Compensation Commission
September 9, 2021
          Date of Injury: July 10, 2018           Adam B. Shall, Esquire For the Claimant.           Adonica Baine, Esquire For the Defendant.          OPINION           RAPAPORT, COMMISSIONER          REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          The defendant requests review of the Deputy Commissioner's May 11, 2021 Opinion awarding temporary total disability benefits but denying a cost-of-living supplement.[1]          We AFFIRM.          I. Material Proceedings          The claimant sustained a compensable occupational disease, rectal cancer, on July 10, 2018. He filed claims in 2020 seeking temporary total disability benefits beginning September 1, 2020 and continuing. The defendant defended that the claimant was not disabled as alleged, was not disabled as a result of his occupational disease beginning October 19, 2020 through January 18, 2021, and failed to reasonably market his residual work capacity.          Deputy Commissioner Wilder conducted an evidentiary hearing on April 7, 2021. The Deputy Commissioner found that the claimant proved, through the opinions of his treating physicians, that he was totally disabled due to his compensable occupational disease effective September 1, 2020 and continuing. He explained:
Dr. George Kannarkat and Dr. Brian Billings . . . have allowed Manning to work with restrictions at times since he developed rectal cancer. . . . Nevertheless, each of these physicians has withdrawn his earlier opinion and directed that Manning remain off work as a result of persistent bowel incontinence.
The defendant argues that “[i]t is clear that the Claimant has some work capacity.” Drs. Kannarkat and Billings disagree with this assessment. A finding that a claimant is entitled to an award of compensation for temporary total disability does not require evidence that a claimant has no physical or mental abilities and must remain bedridden. The Commission has previously held that even where a claimant testifies that he is able to return

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