Local ‘Formula’ Support Award Reversed

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 [...]

Knee Injury Not Compensable

By Deborah Elkins
Published: April 12, 2012
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission’s denial of benefits to a trash collector who injured his left knee stepping down from his truck’s 22 ¼ inch step using a grab bar; the medical testimony was inconclusive and employee failed to carry his burden of proving his injury arose out of his employment. Employee is [...]

No Benefits on Conflicting Medical Testimony

By Deborah Elkins
Published: April 6, 2012
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission’s majority decision denying benefits to an employee injured by electrical shock; the conflicting medical testimony of four physicians and a case manager support the majority’s conclusion that employee failed to prove continuing disability caused by his compensable accident. In 1996, employee was struck by an automobile while riding [...]

Hospital Employee Grievance Fails

By Deborah Elkins
Published: March 28, 2012
Tags: Administrative, Judge Stephen R. McCullough, Virginia Court of Appeals

A state hospital clerical employee who was terminated for failure to timely transcribe a doctor’s recommendation of pain medication for patients cannot overturn her unsuccessful grievance by claiming the agency did not follow its own grievance procedures; the Court of Appeals affirms the agency decision based on its own interpretation of its policies and procedures. [...]

Retired Husband Gets Spousal Support Review

By Deborah Elkins
Published: March 9, 2012
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

Although the parties’ property settlement agreement did not address husband’s retirement, the parties stipulated his retirement was a material change in circumstances and the Court of Appeals reverses denial of husband’s request for support reduction and remands for the trial court to consider husband’s monthly payment of $3,900, which includes both wife’s share of husband’s [...]

Mom Must Pay Dad’s Attorney’s Fees

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

The Court of Appeals affirms a denial of a protective order to mother but remands for a determination of her ability to pay $14,000 in attorney’s fees awarded by the trial court; the trial court’s evidentiary rulings were not an abuse of discretion. Parents divorced when daughter was an infant. In March 2010, mother petitioned [...]

Dad Must Pay Half for College

By Deborah Elkins
Published: January 26, 2012
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

In mother’s show cause proceeding, the Court of Appeals affirms a trial court order requiring father to pay one-half of his son’s college attendance under a 1996 agreement incorporated in the final divorce decree; the trial court properly excluded evidence of mother’s alleged breaches and interpreted the agreement to obligate father on college costs without [...]

Med Pay Claim Not Time-Barred as ‘Comp’ Claim

By Deborah Elkins
Published: January 5, 2012
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers’ Comp

A certified nursing assistant who was on pain medication for her work-related back injury wins medical benefits to pay for a drug to treat weight loss that resulted from the pain medication; the Court of Appeals reverses the commission’s decision that the CNA’s claim for medical benefits is time-barred under Va. Code § 65.2-708(A), which [...]

Restoring Benefits Moots Challenge

By Deborah Elkins
Published: December 1, 2011
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers’ Comp

In consolidated appeals following dismissal of interlocutory appeals to the Court of Appeals and Supreme Court of Virginia, the Court of Appeals affirms an award of benefits to an employee with a back injury sustained in 2005; employer unilaterally suspended benefits in 2008 but the commission restored benefits mooting employee’s due process challenge to employer’s [...]