Prosthesis Removal Not a ‘Replacement’

By Deborah Elkins
Published: January 19, 2012

Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers’ Comp

A teacher who had a full ankle replacement after she broke her ankle stepping into a hole on the playground cannot qualify for a longer limitations period for her change-in-condition application under Va. Code § 65.2-708(A)(ii) on the ground that the later removal of the prosthesis and use of a surgical fusion of her ankle ...

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