Tinsley v. City of Newport News Dawn R Reese, PhD, PLC, 061721 VAWC, VA00000714499

Case DateJune 17, 2021
CourtVirginia
RUSSEL TINSLEY
v.
CITY OF NEWPORT NEWS DAWN R REESE, PhD, PLC, Medical Provider
NEWPORT NEWS CITY OF, Insurance Carrier
PMA MANAGEMENT CORP, TPA, Claim Administrator
Jurisdiction Claim No. VA00000714499
Virginia Workers Compensation
Virginia In The Workers' Compensation Commission
June 17, 2021
          Date of Injury: December 12, 2012          Claim Administrator File No. 0006W41432           Russel Tinsley Claimant, pro se.           Lindsay L. Blumberg, Esquire For the Defendant.           Philip J. Geib, Esquire For the Medical Provider.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          OPINION           RAPAPORT Commissioner          The medical provider requests review of the Deputy Commissioner's April 5, 2021 Opinion denying the defendants' responsibility for payment of healthcare services rendered to the claimant.[1] We AFFIRM the denial.          I. Material Proceedings          The claimant, a police officer, suffered a compensable injury by accident. On May 31, 2013, the Commission entered an award for the payment of lifetime medical benefits for "fragment in nasal cavity, gunshot wound to face."          On March 17, 2020 and April 17, 2020, the medical provider filed applications seeking payment of $3,795.45 for services rendered to the claimant from October 2, 2013 through October 11, 2019. The medical provider alleged that the treatment related to the claimant's occupational injury. The defendants raised numerous defenses against the applications, including that the statute of limitations provided within Virginia Code §§ 65.2-601 and 65.2-708 barred a claim for a psychological condition.          Deputy Commissioner Wilder conducted an on-the-record hearing on March 19, 2021. Both parties submitted position statements. The Deputy Commissioner found that the medical provider's application was barred by either statute of limitations. He explained:
In this claim, the Commission has never entered an award of medical benefits for psychological injuries, including post-traumatic stress disorder, as the Commission's May 31, 2013 award was limited to physical injuries. The claimant never filed a claim for psychological injuries either before or after the entry
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT