KENNETH WEAVER
v.
SUFFOLK, CITY OF VIRGINIA RISK SHARING ASSOCIATION, Insurance Carrier
VIRGINIA RISK SHARING ASSOCIATION, Claim Administrator
Jurisdiction Claim No. VA00001444326
Claim Administrator File No. 01WC1731507
Virginia Workers’ Compensation
Virginia In The Workers’ Compensation Commission
March 12, 2021
Date
of Injury: March 9, 2018
Philip
J. Geib, Esquire For the Claimant.
Ralph
L. Whitt, Jr., Esquire For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
NEWMAN, Commissioner.
The
claimant requests interlocutory review of the Deputy
Commissioner’s December 2, 2020 ruling referring the
October 22, 2020 claim to the evidentiary docket. We grant
interlocutory review, AFFIRM in part, and REVERSE in part.
I.
Material Proceedings
The
claimant suffered an accident on March 9, 2018 and was
awarded medical benefits and various closed periods of
disability. On October 22, 2020, he filed a
“protective” claim “for temporary total
and/or temporary partial and/or permanent partial disability
benefits.” No specific period of wage loss was alleged,
no supporting documentation was filed, and the claimant
averred that “[a] hearing is not needed in this matter
at this time.”
On
November 20, 2020, the employer filed a Motion to refer the
claim to the docket for the scheduling of a hearing. The
employer averred it had propounded discovery which the
claimant declined to answer, stating that he was not required
to respond because the claim was on the inactive docket. The
employer requested that the claim be referred for
adjudication and the claimant be ordered to respond to
discovery. On November 24, 2020, the Commission issued a
Notice of Referral of Application to Docket which included
direction that the claimant respond to the employer’s
interrogatories.
On
December 1, 2020, the claimant filed an objection to the
employer’s Motion to Place on Active Docket, arguing
the employer could not require him to produce affirmative
evidence to prove his claim unless he had requested a
hearing. He further argued the employer lacked standing to
request the claim be referred to the docket. The employer
responded that it had the right to test the evidence and
defend the claim. It further argued that defendants in
Workers’ Compensation claims have standing to request a
docket referral, and that employer’s counsel routinely
made such...
