Traci Vanrensselaer v. Mentor management, Inc, 070221 VAWC, VA00001520710

Case DateJuly 02, 2021
CourtVirginia
TRACI VANRENSSELAER
v.
MENTOR MANAGEMENT, INC NEW HAMPSHIRE INSURANCE COMPANY, Insurance Carrier SEDGWICK CLAIMS MANAGEMENT SERVICES, INC, Claim Administrator
Jurisdiction Claim No. VA00001520710
Claim Administrator File No. B833162080000101331
Virginia Workers Compensation
Virginia In The Workers’ Compensation Commission
July 2, 2021
          Date of Injury: September 6, 2018           J. Aaron Thomas, Esquire For the Claimant.           Charles F. Midkiff, 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 March 30, 2021 Opinion assessing a penalty of $5,178.26 against the insurer for late payment of settlement proceeds. We AFFIRM.          I. Material Proceedings          The Commission approved the parties’ compromise settlement on December 2, 2020.[1] The claimant filed a claim on January 20, 2021 seeking a 20% penalty against the defendants as provided by Virginia Code § 65.2-524 based upon an untimely payment of the settlement proceeds.          Deputy Commissioner Lee conducted an on-the-record hearing on March 1, 2021. Both parties submitted position statements. The Deputy Commissioner found that although the defendants timely paid the attorney’s fees and costs, the amount due the claimant was not, and therefore, a penalty was appropriate. She explained:
Claimant’s counsel asserts that he did not receive the claimant’s settlement proceeds until January 19, 2021, when USPS actually made delivery to claimant’s counsel’s law firm. January 19, 2021 is beyond the forty-four-day grace period.
The Commission may find good cause exists for an untimely paid settlement order, wherein the required payment has been made as promptly as practicable and there is good cause outside the control of the employer for the delay. In the instant case, we do not find good cause exists nor do we find that payment was made as promptly as practicable. Here, the settlement payment
...

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