Employment Law | Virginia Lawyers Weekly

Undated Physician Report Extends Benefits

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses a commission decision denying temporary total disability benefits after the date employee was seen by a physician who indicated employee would be evaluated for return to light duty work at his next visit; a remand is required to determine the period for continuing benefits.
In April 2010, employee was injured in [...]

Continuing Disability Proved

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission’s award of temporary total disability benefits to employee for a 10-week period three and one-half months after he fell exiting a work bathroom.
In April 2010, employee fell exiting a work bathroom when his cane slipped on wet paper towels. He filed a claim for benefits in May. Employee [...]

Material Significant Aggravation Proved

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms an award of benefits to a truck driver who slipped and fell five feet to the ground from his trailer, based on medical testimony that the fall aggravated his existing back condition so that he required surgery.
In 2005, employee was treated for back pain with radio frequency ablation. He consulted [...]

Fees Awarded in ‘Hostile Environment’ Case

By Deborah Elkins
Published: May 16, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

A female firefighter recruit who won her sexual harassment suit against Fairfax County with a jury award of $250,000 in damages, is awarded $306,705,69 in attorney’s fees and costs by the Alexandria U.S. District Court.
Plaintiff prevailed in her Title VII hostile work environment suit, in which a jury awarded her $250,000 in damages, which the [...]

Jury Award Reduced on Title VII Claim

By Deborah Elkins
Published: May 16, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

A female firefighter recruit who won a $250,000 jury award on her Title VII hostile environment claim against Fairfax County has the award reduced by the Alexandria U.S. District Court to $50,000, which is proportional to the injury sustained and within precedent.
Based on the evidence adduced at trial, a reasonable jury could return a verdict [...]

Owner Personally Liable for Overtime Pay

By Deborah Elkins
Published: May 15, 2012
Tags: Judge Liam O'Grady, Labor, U.S. District Court - Eastern District

The owner of an “Any Floors” business owes plaintiff laborer total damages of $86,450 in back pay and overtime pay under the Fair Labor Standards Act, and the owner may be personally liable, despite using the corporate form for her business, says an Alexandria U.S. District Court.
It is clear plaintiff was an employee. The workers [...]

No Claim from Teacher Transfer

By Deborah Elkins
Published: May 15, 2012
Tags: Employment Discrimination, Judge Leonie Brinkema, U.S. District Court - Eastern District

Although defendant school system transferred the African-American plaintiff to a teaching position at an “alternative learning school” after a marijuana possession charge against him was nolle prossed, plaintiff has not stated a claim for racially motivated discrimination based on the transfer, says an Alexandria U.S. District Court.
Plaintiff remains a teacher and receives the same pay [...]

No Claim from Isolated Incidents

By Deborah Elkins
Published: May 15, 2012
Tags: Employment Discrimination, Judge Liam O'Grady, U.S. District Court - Eastern District

A sheriff wins summary judgment in this race discrimination suit in which an African-American male inmate services counselor alleged a “hostile environment” arising from another African-American coworker leaving a watermelon at his work station, a Caucasian coworker making a comment, “there goes the neighborhood,” when plaintiff passed by and a Latino colleague addressing him as [...]

Unenforced Safety Rule No Bar to Award

By Deborah Elkins
Published: May 15, 2012
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms an award of benefits to an employee who injured his shoulder loading bundles of steel plates onto a pallet; credible medical evidence supports causation and employer failed to show an express order or willful violation of a safety rule.
Employee is a plate press operator; his job consists of operating a [...]

Short-Term Job Yields ‘Average Wage’

By Deborah Elkins
Published: May 15, 2012
Tags: Justice Charles S. Russell, Supreme Court of Virginia, Workers’ Comp

A man who worked regularly installing residential porch railings, but who accepted a short-term job to complete the roof and siding on an industrial building, will have his average weekly wage set at $48.08, based on the $2,500 pay rate for the short-term job; the Supreme Court of Virginia affirms a decision awarding death benefits [...]

Virginia Lawyers Weekly