Rivas v. Diocese of Arlington Travelers Indemnity Co of America, 031721 VAWC, VA02000035223

Case DateMarch 17, 2021
CourtVirginia
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...

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