Town & Country Hospital, LP v. Reginald Davis, 64 Va. App. 658

claimant Reginald Davis sustained a compensable right knee injury in Nov 2011 and medical benefits were awarded against the employer and insurer.
In Feb 2013, while pending, Davis underwent right total knee arthroplasty revision at a Tampa, FL hospital; the hospital billed $119,496.33; an agreed order authorized the surgery and insurer paid $80,217.45.
On Sept 5, 2013, Davis’s attorney sought attorney’s fees under Code § 65.2-714 for services related to the medical treatment.
The deputy commissioner granted the fee on Nov 26, 2013; Davis’s employer/insurer objected in Jan 2014 asserting lack of jurisdiction and due process concerns.
Appellant argued the commission lacked jurisdiction because it is located in Florida; the issue later centered on whether accepting payment of medical bills constituted consent to the commission’s jurisdiction.
The full commission held the request for review was untimely but found the commission had jurisdiction to award fees because accepting payment consents to jurisdiction; the appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of review request	Davis’s objection timely under Rule 3.1 and § 65.2-705.	Appellant’s request was untimely; no jurisdiction absent fraud/mistake.	Untimely; no jurisdiction to review absent fraud or mistake.
Jurisdiction to award attorney’s fees	Appellant allegedly consented to jurisdiction by accepting payment.	No consent; Florida address rendered lack of notice an issue.	Appellant consented by accepting payment; Commission had jurisdiction to award fees.
Due process concerns and notice	Notice defects violated due process.	No improper notice; documents were not undeliverable and evidence supported review.	No due process violation; notice adequate for review as to jurisdiction.

McCarthy Electric Co., Inc. v. Foster, 17 Va. App. 344 (1993) (timeliness and jurisdiction for review when 30-day period expired)