Timely ‘Blue Letter’ Bars Claim

Employer Has ‘Bona Fide’ Safety-Rule Defense

By Deborah Elkins
Published: May 16, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

The Court of Appeals says a commercial laundry attendant with a prior back injury is barred from workers’ comp benefits for a later back injury because of his misconduct in failing to wear the back brace, despite the attendant’s claim that the employer did not enforce its back brace safety rule. The commission did not [...]

Provider Surcharge for Comp Patients Not Paid

By Deborah Elkins
Published: May 16, 2013
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers' Comp

Testimony by the chief financial officer of an orthopedic practice that it charges 40 percent more for workers’ compensation patients, to cover overhead for extra time and administrative costs, does not prove the provider’s case that its fees are reasonable under Va. Code § 65.2-605, and the Court of Appeals upholds denial of the provider’s [...]

No ‘Comp bar” from Equipment Assembly

By Deborah Elkins
Published: May 14, 2013
Tags: Judge Jerrauld C. Jones, Norfolk Circuit Court, Virginia Circuit Courts, Workers' Comp

Although a rental company employee who delivered sanitation equipment to a job site spent several extra hours assembling the custom equipment, he is not a statutory employee of defendant construction company, and the Norfolk Circuit Court overrules defendant’s special plea in bar of the Workers’ Compensation Act. The parties have stipulated that sanitation, the work [...]

Sidewalk Fall Compensable

By Deborah Elkins
Published: May 9, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission decision holding compensable employee’s fall on an icy sidewalk outside the main entrance to her employer’s building: the commission correctly applied the extended premises doctrine. Nurse worked for employer over 15 years. One day in January, she fell on ice on a sidewalk outside the entrance to her [...]

Employer Had Too Few Employees

By Deborah Elkins
Published: April 25, 2013
Tags: Judge Jean Harrison Clements, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms a commission finding that employer lacked the requisite three employees for jurisdiction under Va. Code § 65.2-101: the record supports that at most two employees were required considering the established performance of the work of the business. Employer hobby shop operates daily with one store clerk on the premises, normally [...]

Employer Had No Duty for Employee Parking

By Deborah Elkins
Published: April 25, 2013
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission’s determination that employee’s fall in her employer’s parking lot is not compensable: employer was not responsible for maintaining the lot and did not control employee’s selection of parking places. Employee worked as an overnight receptionist at a 24-hour emergency veterinary clinic. At the conclusion of her shift at [...]

Second Knee Surgery Justifiably Declined

By Deborah Elkins
Published: April 1, 2013
Tags: Judge Larry G. Elder, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission decision reinstating disability benefits to a convenience store assistant manager who suffered a compensable injury to her right knee; the record supports the commission finding that considering all of the circumstances, employee reasonably declined the second knee surgery her treating physician recommended. In July 2008, employee suffered a [...]

Second Carrier Covers Later Disability Benefits

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

In this coverage dispute between two workers’ compensation carriers, the Court of Appeals holds that the carrier that was liable for claimant’s most recent compensable condition was responsible for payment of claimant’s ongoing temporary total disability benefits. On all dates relevant to compensability, claimant was employed as an electrician for S&S Electric Inc. Until April [...]

Merchandise Hook Caused Compensable Injuries

By Deborah Elkins
Published: March 12, 2013
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the Virginia Workers’ Compensation Commission award of benefits to a 65-year old cashier who injured her left knee, arm and shoulder complying with a request to take a break; the commission correctly found employee’s fall when her purse strap caught on a merchandise hook arose out of and in the [...]