Roney v. DBHDS \ Central State Hospital CJW Medical, 031921 VAWC, VA00001071940

Case DateMarch 19, 2021
CourtVirginia
ANNIE RONEY
v.
DBHDS \ CENTRAL STATE HOSPITAL CJW MEDICAL CENTER/HCA CHIPPENHAM HOSPITAL, MEDICAL PROVIDER COMMONWEALTH OF VIRGINIA, Insurance Carrier
YORK RISK SERVICES GROUP, Claim Administrator
Jurisdiction Claim No. VA00001071940
Claim Administrator File No. 5552230
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 19, 2021
          Date of Injury May 21, 2015           B. Mayes Marks, Jr., Esquire, For the Claimant.           Emily O. Sealy, Esquire For the Defendants. [1]           Charles A. Gavin, Esquire For the Medical Provider           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.           OPINION           MARSHALL Commissioner.          Counsel for the claimant requests review of the Deputy Commissioner’s November 24, 2020 Opinion denying his claim for an award of attorney’s fees pursuant to Virginia Code § 65.2-714(B). We AFFIRM.          I. Material Proceedings          The claimant suffered a compensable injury by accident on May 21, 2015. On July 31, 2015, the Commission entered an Award Order granting temporary total disability and medical benefits for the left knee.[2] On October 30, 2017, Mr. Marks entered his appearance as claimant’s counsel. On April 23, 2018, he filed a request for hearing on behalf of the claimant, seeking authorization for a total knee replacement by Dr. David Miller. The claim indicated that the total knee replacement surgery had been scheduled for December, but the carrier was unable to approve the surgery as the case was still being reviewed by the Medical Director.          On June 19, 2018, Mr. Marks filed a letter advising the Commission that the employer’s counsel, Ms. Sealy, had confirmed that the employer agreed to authorize the total knee replacement surgery scheduled for July 2, 2018. The letter further stated that as the parties had now resolved the issue, there was no longer a need for a hearing. Mr. Marks requested that the hearing be cancelled and that the claim be withdrawn.          On June 21, 2018, the Deputy Commissioner entered an Order cancelling the scheduled hearing and dismissing the April 23, 2018 claim without prejudice.          On July 31, 2020, the Commission entered a Stipulated Order executed by Mr. Marks and Ms. Sealy. It stated:          WHEREAS, the Claimant suffered a compensable injury by accident to her left knee on May 21, 2015; and          WHEREAS, the Claimant made a claim for a left total knee replacement surgery in December 2017; the claim initially was denied by the Self-Insured Employer; the Claimant filed a Request for Hearing for authorization of a left knee surgery; a hearing on this issue scheduled for July 13, 2018; but prior to the scheduled hearing, the Employer agreed to the proposed surgery and withdrew and abandoned its defenses;          NOW THEREFORE, based on the representations and stipulations of the parties, it is hereby ORDERED that the Award in this case shall be expanded to include the left knee replacement surgery performed on or about July 2, 2018 as reasonable, necessary, authorized, and causally related to the May 21, 2015 accident; and its hereby ORDERED that all disputes giving rise to the July 13...

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