Counsel’s Threat Defeats Employee’s Claim

By Deborah Elkins
Published: January 5, 2012

Tags: Judge James W. Haley Jr., Virginia Court of Appeals, Workers’ Comp

An employee who stopped working after being released to pre-injury work is not entitled to benefits from a change in condition, the Court of Appeals says; employee failed to prove adequate marketing of his residual capacity and the commission properly terminated benefits. Employee worked as a welder. In July 2007, he sustained a serious work-related ...

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