CARLOS CORDON RIVAS
v.
DIOCESE OF ARLINGTON TRAVELERS INDEMNITY CO OF AMERICA, Insurance Carrier
Jurisdiction Claim No. VA02000035223
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 17, 2021
Date
of Injury April 29, 2019
Carlos
Cordon Rivas Claimant, pro se.
Amy
Epstein, 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 a February 3, 2021 Order that
dismissed with prejudice all pending claims in this matter,
including those filed on September 23 and November 3, 2020.
We REVERSE.
I.
Material Proceedings
In JCN
VA00001601500, the claimant filed a May 22, 2019 claim
alleging an injury by accident to the right lower back
occurring on April 10, 2019. He alleged the injury occurred
“moving concrete parking stop blocks and tables with an
approximate weight of 150 pounds.”
In JCN
VA0200032577, the claimant filed May 31, 2019 and June 17,
2019 claims alleging an injury to the lower back occurring on
April 26, 2019. He alleged, “I’ve moved tables
since May 2012. The last time I moved tables was April 26
(Friday) 2019. The only time I moved concrete parking stop
blocks was November 2018.” He also claimed lumbar
radiculopathy as an occupational disease.
An
evidentiary hearing on the claims was held before a Deputy
Commissioner on August 9, 2019. The Deputy Commissioner
issued an October 21, 2019 Opinion denying the claims on the
basis that the claimant failed to prove a compensable injury
by accident.
In JCN
VA02000035223, the claimant filed September 23, 2020 and
November 3, 2020 requests for hearing alleging a
“right-central L5-S1 disc herniation of my lumbar
spine” occurring on April 29, 2019. The claim described
the injury occurred, “Because of to lift and to carry
heavy tables of 88 pounds of weight (Rectangle High-Pressure
Laminate Top Folding Tabe of 30”W x96” L) and to
lift concrete parking blocks of 275 pounds of weight (Blocks
of 6 foot length) for to upload to and to download of the
hand truck (dolly of four wheels) and pull along it distances
of 160 meters approximately.” [sic]
On
December 9...