Tewelde v. Home Health Options Group, Inc., 070721 VAWC, VA00001704752

Case DateJuly 07, 2021
CourtVirginia
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...

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