JAIME THOMPSON
v.
R.W. HARPER & SON, INC.
COMMONWEALTH CONTRACTORS GROUP SELF-INSU, Insurance Carrier
THE LANDIN COMPANIES, Claim Administrator
Jurisdiction Claim No. VA02000012877
Virginia In The Workers' Compensation Commission
July 12, 2021
Date
of Injury February 7, 2013
Claim
Administrator File No. 602-0025-00-12-003
Brody
Reid, Esquire For the Claimant.
Emily
Pabalan, Esquire For the Defendants.
OPINION
MARSHALL Commissioner
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
The
defendants request review of the Staff Attorney's May 13,
2021 rejection of their April 27, 2021 Employer's
Application for Hearing. We AFFIRM.
I.
Material Proceedings
The
claimant sustained a compensable injury by accident on
February 7, 2013. A Stipulated Order approved on September
17, 2013 awarded lifetime medical benefits[1] and temporary total
disability from February 7, 2013 through July 23, 2013 and
from August 21, 2013 and continuing.
The
defendants filed an April 27, 2021 Employer's Application
for Hearing. They alleged the claimant refused medical
treatment by canceling or failing to attend several medical
appointments with his treating physician, William Walker,
M.D. They alleged the claimant was scheduled with Dr. Walker
six times during 2021, had not met with him since 2020, and
had received no medical care since November 2020. They
attached an April 21, 2021 VCU Physical Medicine and Rehab
letter to the claimant. The unsigned letter stated the
claimant missed appointments with Dr. Walker on April 21,
2021, March 24, 2021, and March 3, 2021 and with Russell W.
Lacey, M.D. on November 24, 2020. The defendants also
included an April 8, 2021 printout from the VCU PM&R
Clinic listing no-show and appointment cancelations for the
claimant. The blurred document was difficult to read. Three
lines referred to scheduled visits with Dr. Lacey and seven
referred to visits with Dr. Walker. The defendants paid
compensation through April 20, 2021.
In a
May 12, 2021 response, the claimant sought rejection of the
application for three reasons. He asserted the defendants did
not pay compensation as required by Rule 1.4 (C)(2). He
argued the proffered evidence misrepresented his role in the
alleged refusal of medical attention. He submitted email
messages between counsel which addressed scheduling of clinic
visits on March 3, 2021, March 10, 2021, and March 24, 2021.
He contended the...
