Crystal Oil Co., Inc. v. Dotson
In Crystal Oil Co., Inc. v. Dotson, 12 Va. App. 1014, 1017, 408 S.E.2d 252, 253 (1991), the employer challenged the commission's ruling that permitted an amendment to the claimant's change of condition application and permitted the amendment to relate back to the date of that application.
On October 26, 1989, the claimant filed a change in condition application seeking partial disability benefits effective September 11, 1989.
At the hearing before the deputy commissioner, the claimant sought to amend his application by claiming total disability benefits from July 25 through September 10, 1989. See Crystal Oil, 12 Va. App. at 1015-16, 408 S.E.2d at 252-53.
The deputy commissioner ultimately held that the claimant was entitled to three days of total disability benefits (covering the period of time he underwent diagnostic testing), but denied the rest of the claim.
The deputy commissioner approved the amendment of the application, noting that the medical record was complete.
The full commission affirmed, holding that the employer's success in defending the bulk of the application belied any claim of prejudice. See id. at 1018, 408 S.E.2d at 253.
The Court affirmed the commission, noting that the employer had defended the application with significant success. See Crystal Oil, 12 Va. App. at 1018-19, 408 S.E.2d at 254.
The Court also found that the employer had been given advance notice of some of the claimant's contentions from prior proceedings. See id. at 1019, 408 S.E.2d at 254.