JAMES STONE
v.
SKYLINE AUTOMOTIVE INC. ACCIDENT FUND NATIONAL INS CO, Insurance Carrier ACCIDENT FUND NATIONAL INS CO, Claim Administrator
Jurisdiction Claim No. VA00000262486
Claim Administrator File No. 300000008790
Virginia Workers Compensation
Virginia In The Workers’ Compensation Commission
July 2, 2021
Date
of Injury: May 6, 2010
Craig
A. Brown, Esquire For the Claimant.
Scott
C. Ford, Esquire For the Defendants.
OPINION
RAPAPORT, COMMISSIONER
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.,
The
defendants request review of the Deputy Commissioner’s
June 10, 2021 Judicial Correspondence granting the
claimant’s request for a protective order and ruling
that he was not required to answer discovery propounded on
May 25, 2021. We AFFIRM as we DENY interlocutory review.
I.
Material Proceedings
On
November 15, 2019, the defendants filed an Employer’s
Application for Hearing seeking termination of the
claimant’s temporary total disability benefits based
upon the allegation that the claimant unjustifiably refused
to cooperate with vocational rehabilitation.
Following
multiple continuances, a hearing was scheduled to be overseen
by Deputy Commissioner Plunkett on April 23, 2021. The
defendants sought a continuance on April 14, 2021, because
the vocational counselor, Yolanda Albornoz, was on medical
leave. The Deputy Commissioner postponed the hearing until
May 24, 2021. The vocational counselor remained unable to
attend the proceeding and her supervisor, Adolfo Arsuaga,
testified. The defendants understood that Ms. Albornoz had a
tentative return to work date of June 7, 2021. As the hearing
progressed, the Deputy Commissioner decided to continue the
proceeding as both parties were placed in “an
impossible situation” in the absence of Ms. Albornoz
and the acceptance of evidence into the record. (Tr. 38)
On May
25, 2021, the defendants propounded discovery requests upon
the claimant.
On May...
