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withdrawn.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...