BRANDON N. SNYDER
v.
K-VA-T FOOD STORES, INC/VA K-VA-T FOOD STORES, Inc., Insurance Carrier
SMART CASUALTY CLAIMS, Claim Administrator
Jurisdiction Claim No. VA00001755677
Virginia In The Workers' Compensation Commission
July 9, 2021
Date
of Injury: August 6, 2020
Claim
Administrator File Nos. 015090991, VAS 410494444 Q
Dan
Bieger, Esquire For the Claimant.
Ramesh
Murthy, Esquire For the Defendant.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
NEWMAN
Commissioner
The
employer requests review of the Staff Attorney's May 17,
2021 rejection of the April 29, 2021 Employer's
Application for Hearing. We REVERSE.
I.
Material Proceedings
The
claimant suffered a compensable injury by accident on August
6, 2020. An August 28, 2020 Award Order granted medical
benefits for the left foot/ankle and temporary total
disability beginning August 7, 2020.
The
employer filed an April 29, 2021 Employer's Application
for Hearing seeking termination/suspension of the outstanding
award on the grounds that the claimant failed to report to
employer-requested medical examinations with Dr. Whitman on
March 24, 2021 and April 21, 2021. Attached to the
Application was a March 2, 2021 letter to the claimant
advising he was scheduled for a March 24, 2021 independent
medical examination with Dr. L. Thomas Whitman. An e-mail
from Bernadette T. Adkins, RN, of SmartCasualtyClaims, stated
the claimant did not attend the appointment. She stated the
notice of the appointment was delivered overnight and left on
the claimant's front porch without signature. The
attached UPS delivery notification indicated a package was
left on the front door at 801 Saint Clairs Creek Road,
Chilhowie, VA 24319 on March 4, 2021. A March 29, 2021 letter
to the claimant advised he was scheduled for an April 21,
2021 independent medical examination with Dr. Whitman. A UPS
delivery notification indicated a package was delivered to
the same address on Tuesday...
