TODD NEILSON
v.
45891 NEW ALBERTSONS INC ACE AMERICAN INSURANCE COMPANY, Insurance Carrier
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC, Claim Administrator
Jurisdiction Claim No. VA00001298917
Claim Administrator File No. B760015299000101600
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 19, 2021
Date
of Injury January 28, 2017
Todd
Neilson Claimant, pro se.
C.
Ervin Reid, Esquire For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
MARSHALL Commissioner
The
claimant requests review of the Deputy Commissioner’s
November 17, 2020 Opinion. We AFFIRM.
I.
Material Proceedings
The
claimant suffered a compensable left knee injury on January
28, 2017. He was awarded closed periods of temporary total
and temporary partial disability as well as lifetime medical
benefits for a left knee tibial plateau fracture and lateral
meniscal tear. A December 15, 2019 Opinion by the Deputy
Commissioner awarded medical benefits for a right knee injury
as a compensable consequence of the accident, and permanent
partial disability benefits based upon a 19% loss of use of
the left leg. The claimant requested review of the permanency
award, and in a March 24, 2020 Opinion the Full Commission
modified the award to reflect the claimant’s
entitlement to permanent partial disability benefits based
upon a 19.5% loss of use of the left lower extremity. A
supplemental Award Order entered May 7, 2020 granted benefits
for a 2% loss of use of the right lower extremity.
The
claimant filed a June 3, 2020 claim seeking authorization for
bilateral visco injections and an MRI recommended by treating
physician Dr. Clifton Page. A June 9, 2020 claim sought
changes to the Deputy Commissioner’s December 5, 2019
Opinion, specifically references to surgeries that the
claimant did not undergo. The claimant also requested that
the carrier produce records related to those surgeries.
An
evidentiary hearing was conducted on September 21, 2020. At
hearing, the claimant objected to the employer’s
receipt of the December 5, 2019 Opinion because he did not
wish for the store manager to know about his personal health
information.
The
Deputy Commissioner issued a November 17, 2020 Opinion. She
found the requested bilateral visco injections were related
to the claimant’s work injuries. However, she found
that the MRI was not the employer’s responsibility, as
it was related to a new onset of pain from the claimant
jumping off of a truck, rather than the work accident. She
found she had no authority or jurisdiction to make an
amendment to the December 5, 2019 Opinion or order a health
care provider to make changes to their issued reports. She
noted that there was no cause to change the opinion, as the
portion that the claimant took issue with appeared to have no
bearing on the claims docketed at the time. She further
declined to order the defendants to produce a record of a
surgery that the claimant testified he never had. In regards
to the claimant’s objection to the employer being
provided a copy of the December 5, 2019 Opinion, the Deputy
Commissioner clarified that the employer is a party to the
claim, and pursuant to notice requirements, is entitled to
receive a copy of any opinions.
The
claimant filed a timely request for review and written
statement. The defendants filed a timely responsive written
statement.
II.
Findings of Fact and Rulings of Law
We have
reviewed the record in its entirety and find no error in the
Deputy Commissioner’s November 17, 2020 Opinion. We
recite the facts only to the extent necessary to explain our
reasoning.
A.
Request for MRI
The
claimant assigns error to the Deputy Commissioner’s...
