DAYMOND L. WALTON
v.
NATURCHEM, INC. NEW HAMPSHIRE INSURANCE COMPANY, Insurance Carrier GALLAGHER B AS SETT SERVICES, INC., Claim Administrator
Jurisdiction Claim No. VA02000034813
Claim Administrator File No. 001993021266WC01
Virginia Workers Compensation
Virginia In The Workers' Compensation Commission
June 29, 2021
Date of
Injury: June 5, 2020
Daymond Walton Claimant, pro se.
A.
Jacob Perkinson, Esquire For the Defendants.
OPINION
NEWMAN
Commissioner
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
The
claimant requested review of the Deputy Commissioner's
April 14, 2021 Opinion dismissing his claim without
prejudice. We AFFIRM the dismissal and refer the
claimant's review request to our Claims Services
Department as a new request for hearing.
I.
Material Proceedings
The
claimant filed a claim on January 25, 2021, alleging an
injury by accident on June 5, 2020, or alternatively an
occupational disease causally related to his employment. On
January 28, 2021, the Commission sent a Notice of Hearing to
the claimant scheduling the hearing for April 13, 2021. The
claimant sent an April 6, 2021 letter to the Commission
requesting that the hearing be conducted via WebEx video. On
April 7, 2021, the Deputy Commissioner granted the motion,
and the Commission sent a Notice of Hearing
Continuance/Change containing the link to join the WebEx
hearing. The claimant did not appear at the WebEx hearing on
April 13, 2021.
The
Deputy Commissioner dismissed the claim without prejudice.
The claimant filed a timely request for review, stating he
did not receive an invitation to the WebEx meeting.
II.
Findings of Fact and Rulings of Law
In his
request for review, the claimant states that his phone number
was incorrect in the Commission’s system and that he
did not receive an invitation to join the WebEx meeting or a
telephone call regarding the video hearing.[1]
“The
parties should be...
