Watson v. Bay Area Veterinary Surgery, 061621 VAWC, VA00001779043

Case DateJune 16, 2021
CourtVirginia
CHRISTINE WATSON
v.
BAY AREA VETERINARY SURGERY, P.C PROP & CAS INS CO OF HARTFORD, Insurance Carrier
PROP & CAS INS CO OF HARTFORD, Claim Administrator
Jurisdiction Claim No. VA00001779043
Virginia Workers Compensation
Virginia In The Workers' Compensation Commission
June 16, 2021
          Date of Injury October 15, 2020          Claim Administrator File No. Y97C 86605           Christine L. Watson Claimant, pro se.           Jeffrey W. Saunders, Esquire For the Defendants.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.          OPINION           MARSHALL Commissioner          The claimant requests review of the Deputy Commissioner's January 28, 2021 Opinion which denied her claim. We AFFIRM on different grounds.          I. Material Proceedings          The claimant filed October 29, 2020 and October 30, 2020 claims alleging an injury by accident on October 15, 2020. She requested a lifetime medical award and payment of medical expenses for panic attack, anxiety and chest tightness.          The defendants disputed the occurrence of a compensable injury by accident arising out of and in the course of her employment. They asserted the medical records did not support a work-related injury. They denied the claimant was an employee at the time of the October 15,2020 incident.          The Deputy Commissioner took testimony, admitted the defendants' medical designation and considered all medical evidence in the file. The claimant, a veterinary surgeon, testified about interactions with her supervisor on October 15, 2020. Her supervisor, Christopher Dassler, a veterinary surgeon and practice owner, and Kelsie Hayes, a veterinary assistant, also testified.          After her review of the evidence, the Deputy Commissioner found the claimant was not an employee of Bay Area Veterinary Surgery at the time of the alleged accident. She found the claimant began to have physical symptoms after she was fired.          Drs. Watson and Dassler testified that after a conversation about a surgical case, the claimant said she was going to leave. Dr. Dassler told the claimant if she left, she was fired. The claimant then walked into a general treatment area, where she encountered Kelsie Hayes and other employees. The claimant and Ms. Hayes testified the claimant said she had to get her dog and "I guess I am fired." (Tr. 5.) Dr. Dassler...

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