Missouri Hodge v. Dreambuilder Logistics, LLC, 032321 VAWC, VA00001781316

Case DateMarch 23, 2021
CourtVirginia
MISSOURI HODGE
v.
DREAMBUILDER LOGISTICS, LLC
CIMARRON INSURANCE COMPANY INC, Insurance Carrier
BRENTWOOD SERVICES ADMIN, Claim Administrator
Jurisdiction Claim No. VA00001781316
Virginia Workers Compensation
Virginia Workers’ Compensation Commission
March 23, 2021
          Date of Injury: October 3, 2020          Claim Administrator File No. WC20200017144           Missouri Hodge Claimant, pro se.           Faraaz A. Jindani, 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 Commission’s technical rejection of their January 22, 2021 Employer’s Application for Hearing. We REVERSE the rejection, GRANT the request for review as indicative of the correct payment, and FORWARD the application for probable cause review.          I. Material Proceedings          The unique procedural status of the case is controlling.          The claimant sustained a compensable injury by accident on October 3, 2020. By Award Order entered on November 12, 2020, the claimant was granted the payment of medical benefits and temporary total disability benefits from October 4, 2020 through October 10, 2020 and continuing from October 13, 2020.          On January 22, 2021, the defendants filed an Employer’s Application for Hearing seeking termination of the claimant’s wage loss benefits and any applicable credit. The defendants alleged that the claimant refused medical treatment offered by Dr. Peter White on October 19, 2020 and failed to report a change of address to the Commission effective November 28, 2020.[1] On the application, VWC Form No. 5A, the defendants indicated that “[c]ompensation was paid through 01/21/2020 at the rate of $310.79 per week.” Defense counsel certified the application with his signature on January 22, 2021.          The Commission issued a “Rejection of Employers’ Application” notice on January 25, 2021. The Commission advised that the application failed to conform to the requirements of Rule 1.4 of the Rules of the Virginia Workers’ Compensation Commission because “[c]ompensation has not been paid through the correct date.”[2] The defendants were directed to reinstate compensation benefits immediately, commencing January 21, 2020.          The defendants promptly filed a request for review.          II. Findings of Fact and Rulings of Law          The Commission’s technical rejection of the application based upon the four corners of the application, while correct on strictly technical grounds, is still reversed under the extremely unusual facts presented in this case. Careful review of the file indicates that scrivener’s errors have inadvertently created and compounded confusion in this particular case.          The defendants maintain on appeal that compensation...

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