RAFAEL ROCHA
v.
MAGADIA CONSULTING INC ERIE INS EXCHANGE, Insurance Carrier
ERIE INS EXCHANGE, Claim Administrator
Jurisdiction Claim No. VA00001706479
Claim Administrator File No. A00002453446
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 19, 2021
Date
of Injury February 3, 2020
Andrew
S. Kasmer, Esquire For the Claimant.
Justin
R. Main, Esquire For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
MARSHALL Commissioner
The
defendants request review of a Staff Attorney’s
December 21, 2020 rejection of an Employer’s
Application for Hearing filed December 2, 2020. We AFFIRM.
I.
Material Proceedings
The
Commission approved a Stipulated Order on June 12,
2020.[1] It confirmed the claimant sustained
a compensable left shoulder injury on February 3, 2020. The
parties stipulated the claimant was entitled to temporary
total disability from February 4, 2020 and continuing. They
agreed the defendants would pay Inova Mount Vernon, M.M.
Malek, M.D., and Dynamic Rehab for medical treatment under
the Virginia Fee Schedule. The claimant was permitted to
continue treatment with Dr. Malek until the defendants could
arrange an appointment with an agreed upon provider. He would
then receive “reasonable, necessary and causally
related medical treatment from Dr. Avery, Dr. Miyamoto, or
another physician agreed upon by the parties.”
The
defendants filed a December 2, 2020 Employer’s
Application for Hearing. It alleged the claimant
unjustifiably refused medical treatment offered by Dr.
Miyamoto/Rehab at Work on November 30, 2020. The defendants
enclosed Dr. Miyamoto’s November 16, 2020 Order for
Work Conditioning/ Work Hardening which followed left
shoulder surgery. They included correspondence between
claimant’s counsel and defense counsel discussing the
appropriate provider. The claimant argued Dynamic Rehab was
the established physical therapy provider. The defendants
argued...
