JEFFREY MORRIS
v.
FOOD LION DELHAIZE AMERICA, LLC, Insurance Carrier DELHAIZE AMERICA, LLC, Claim Administrator
Jurisdiction Claim No. VA02000035553
Claim Administrator File No. 2020184485
Virginia Workers Compensation
Virginia In The Workers’ Compensation Commission
July 29, 2021
Date
of Injury: October 13, 2020
Jeffrey Morris Claimant, pro se.
Steven
H. Theisen, Esquire For the Defendant.
OPINION
RAPAPORT Commissioner
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
The
claimant requests review of the Deputy Commissioner’s
March 22, 2021 Opinion finding he did not suffer a
compensable injury by accident on October 13, 2020. We
AFFIRM.
I.
Material Proceedings
On
December 28, 2020 and January 27, 2021, the claimant filed
claims alleging he suffered a compensable injury to his left
elbow. Deputy Commissioner Roach conducted a March 18, 2021
evidentiary hearing to address the claimant’s claims.
The claimant amended his date of accident from October 25,
2020 to October 13, 2020 at the hearing.[1] He sought medical
benefits, including reimbursement of expenses and mileage, as
well as temporary total disability benefits beginning October
13, 2020.[2] The parties stipulated the claimant
earned a pre-injury average weekly wage of $138.72. Pertinent
to our review, the defendant defended the claim on the basis
the claimant did not suffer a compensable injury by accident,
as defined by the Virginia Workers’ Compensation Act.
On
March 22, 2021, Deputy Commissioner Roach denied the
claimant’s claim. He held the claimant did not prove,
by a preponderance of the evidence, that he suffered a
compensable injury by accident on October 13, 2020 as
alleged. The Deputy Commissioner found the history reflected
in the initial medical records did not corroborate the
claimant’s version of the compensable injury by
accident. He also noted the time records reflect the claimant
did not work on October 13, 2020. Finally, he found the
medical record did not...
