Parker v. Town of Pennington Gap, 033121 VAWC, VA00001687641

Case DateMarch 31, 2021
CourtVirginia
TRACEY PARKER
v.
TOWN OF PENNINGTON GAP
VIRGINIA ASSOCIATION OF COUNTIES GROUP SELF-INSURANCE RISK POOL, Insurance Carrier
VACO GROUPS SELF-INSURANCE RISK POOL, Claim Administrator
Jurisdiction Claim No. VA00001687641
Virginia in the Workers’ Compensation Commission
March 31, 2021
          Date of Injury: November 13, 2019.           Claim Administrator File No. WC129258814.           Tracey Parker Claimant, pro se.           Ramesh Murthy, Esquire For the Defendant.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.           OPINION           RAPAPORT Commissioner.          The claimant requests review of the Deputy Commissioner’s December 9, 2020 Opinion denying medical benefits. We AFFIRM.          I. Material Proceedings          The claimant, a police officer, filed a claim on September 28, 2020 seeking medical benefits for his hypertension. The defendant raised numerous defenses against the claim, including that the statutory presumption of Virginia Code § 65.2-402 did not apply since the hypertension was not disabling, and the evidence did not prove a compensable ordinary disease of life pursuant to the requirements of Virginia Code § 65.2-401.          Deputy Commissioner Burkholder conducted an evidentiary hearing on December 1, 2020. The Deputy Commissioner found that although the claimant was employed as a police officer when diagnosed with hypertension, the claim must be denied. He explained:
In order to secure the benefit of the presumption in Va. Code § 65.2-402(B), a claimant must prove his occupation as a police officer and his disability from hypertension or heart disease. See Tomes v. James City (County of) Fire, 39 Va.App. 424 (2002). Disability from a disease has been defined as the stage when the disease prevents the employee from performing his work efficiently. Salyer v. Clinchfield Coal Corp., 191 Va. 331, 338 (1950). . . . A claimant is not entitled to the presumption where only an award of medical benefits is sought. Watkins v. Commonwealth of Virginia/Dept. of
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT