Quintana v. Bergmanns Inc., 100721 VAWC, VA00001619438

Docket NºJurisdiction Claim VA00001619438
Case DateOctober 07, 2021
Jurisdiction Claim No. VA00001619438
Claim Administrator File No. FMG4017
Virginia In The Workers’ Compensation Commission
October 7, 2021
          Date of Injury: May 21, 2019          REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.           Linda Quintana Claimant, pro se.           Tony D. Villeral, Esquire For the Defendants.          OPINION           NEWMAN Commissioner          On June 16, 2021, the claimant requested review of the Deputy Commissioner’s April 22, 2021 Opinion dismissing her October 23, 2020 claim without prejudice. She contends she had been misinformed by a representative of the carrier regarding the status of the hearing. We VACATE and REMAND.          I. Material Proceedings          The claimant filed a claim on October 23, 2020, alleging an injury to her right shoulder on May 21, 2019, and seeking a medical award. The Commission entered a Medical Only Award on March 22, 2021, but the defendants timely requested the award be vacated, and the Commission issued a March 31, 2021 Order vacating the award. The October 23, 2020 claim was then referred to the evidentiary docket, and a hearing was scheduled for April 20, 2021.          At the time the hearing was convened the claimant did not appear, nor had she contacted the Commission to explain her failure to appear. After twenty minutes, counsel for the defendants moved to dismiss the claim. The Deputy Commissioner issued an April 22, 2021 Opinion dismissing the claim without prejudice to refiling within the statutory period.          On June 16, 2021, the claimant requested the Deputy Commissioner reconsider his ruling based on her assertion that a representative of the carrier told her there would be no hearing. The Deputy Commissioner found that he had no jurisdiction over the matter as more than thirty days had passed since the issuance of his Opinion. He therefore referred the letter to the review docket as...

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