JAMES YARBROUGH JR
v.
FIREWATER TRANSPORT LLC FEDERATED MUTUAL INS CO, Insurance Carrier FEDERATED MUTUAL INS CO, Claim Administrator
Jurisdiction Claim No. VA00001578887
Claim Administrator File No. 487348-1
Virginia In The Workers' Compensation Commission
July 12, 2021
Date
of Injury February 20, 2019.
John
W. Swezey, Esquire For the Claimant.
Brian
J. Rife, 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
February 11, 2021 Opinion which denied his request for
temporary total disability for two periods[1] based on inadequate
marketing. We AFFIRM.
I.
Material Proceedings
The
claimant filed two March 2019 claims alleging multiple
injuries and seeking temporary total disability from February
21, 2019. After the claims were docketed and set for hearing,
the parties agreed to a January 29, 2020 Stipulated Order. It
granted a medical award for cervical/trapezial strain, lumbar
strain, and chronic pain with stiffness of right
knee.[2] The parties stipulated Dr. Robert
Stephenson, a panel physician, began treating the claimant on
November 1, 2019 and would continue as the approved treating
physician.[3]
The
Stipulated Order granted the claimant temporary total
disability from February 20, 2019 through November 21, 2019.
The parties agreed the claimant was released to light duty on
November 21, 2019 and was obligated to market his residual
work capacity. He reserved the right to file for additional
benefits if his marketing efforts were unsuccessful.
The
claimant filed a June 24, 2020 claim which requested
temporary total disability from November 22, 2019 and
continuing.[4] At the February 3, 2021 video
hearing, the claimant sought temporary total disability from
November 22, 2019 through November 10, 2020. The parties
presented stipulations: 1) The defendants paid temporary
total disability to which the claimant was entitled from
November 11, 2020 through January 10, 2021; 2) The defendants
were entitled to a credit for all benefits paid; 3) Dr.
Stephenson continued as the treating physician; and 4) The
claimant returned to work for a new employer on January 11,
2021.
The
defendants denied the claimant was disabled to the extent
alleged. They asserted the medical record did not support the
period of disability claimed. They argued the claimant failed
reasonably to market his remaining work capacity.
After
reviewing the record, the Deputy Commissioner denied
temporary total disability during partial disability. In
addition to...
