SENAIT TEWELDE
v.
HOME HEALTH OPTIONS GROUP, INC.
STONEWOOD INSURANCE CO, Insurance Carrier
STONEWOOD INSURANCE CO, Claim Administrator
Jurisdiction Claim No. VA00001704752
Claim Administrator File No. STN020832
Virginia In The Workers’ Compensation Commission
July 7, 2021
Date
of Injury: February 16, 2020
Eric
S. Wiener, Esquire For the Claimant.
Kathryn Spruill Lingle, Esquire For the Defendants.
OPINION
RAPAPORT Commissioner
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
The
claimant requests review of the Deputy Commissioner’s
January 28, 2021 Opinion finding the claimant did not prove
compensable neck or right shoulder injuries, entitlement to
additional disability benefits, or entitlement to treatment
with Drs. Asmamaw and Lee. We AFFIRM.
I.
Material Proceedings
The
claimant filed claims[1] alleging she suffered a compensable
injury by accident to her right hip, right shoulder, neck,
and back on February 16, 2020. The claimant sought medical
benefits, and temporary total disability benefits from
February 17, 2020 through March 30, 2020, June 9, 2020
through June 20, 2020 and from September 16, 2020 through
October 1, 2020.
Deputy
Commissioner Nevin conducted an evidentiary hearing on
January 22, 2021. The parties stipulated the claimant
suffered a compensable injury by accident to her right hip
and lumbar spine on February 16, 2020, the claimant earned a
pre-injury average weekly wage of $289.89, and the claimant
suffered causally related temporary total disability from
February 17, 2020 through March 30, 2020.
The
defendants defended on the grounds the claimant did not
experience compensable injuries to her neck and right
shoulder, those claimed injuries were not causally related to
her employment, she was not injured or disabled in the nature
or to the extent alleged, she failed to reasonably market her
residual capacity during any periods of partial incapacity,
and treatment with Drs. Abraham Asmamaw and Brian Lee was
unauthorized.[2]
Deputy
Commissioner Nevin was not persuaded the claimant experienced
injuries to her neck and right shoulder due to the work
accident. He denied the request for temporary total
disability benefits from June 9, 2020 through June 20, 2020
and from September 16, 2020 through October 1, 2020. Finally,
he held the claimant’s treatment with Drs. Asmamaw and
Lee was unauthorized. He found Dr. Silveri was the
claimant’s treating physician at all times. The Deputy
Commissioner awarded medical benefits for the
claimant’s right hip and lumbar spine injuries,
pursuant to Virginia Code § 65.2-603, and temporary
total disability benefits from February 17, 2020 through
March 30, 2020.
The
claimant requests review of the Deputy Commissioner’s
decision. She asserts the Deputy Commissioner erred in
finding she did not suffer compensable injuries to her right
shoulder and neck. The claimant...