Back Injury Benefits Denied

Spine Center May Seek Full Payment

By Deborah Elkins
Published: February 25, 2013
Tags: Judge Robert J. Humphreys, Virginia Court of Appeals, Workers' Comp

A spine center that claims it was underpaid for treatment of an injured worker wins remand of this case, as the insurance carrier did not prove the treating physician who provided claimant’s care had waived the right to receive additional compensation; the Court of Appeals says the carrier did not comply with the terms of [...]

Doctors’ Comp: Physicians who treat hurt workers resist low network fees

By Peter Vieth
Published: February 25, 2013
Tags: General Assembly, Virginia Court of Appeals News, Workers' Comp

There is constant tension between doctors and workers’ compensation carriers over how much to pay medical providers to treat injured workers. The stakes are high because payment for care runs into the multi-millions of dollars for employers. The score was split this month, with a win each for providers and carriers handed down in recent [...]

Pro Se Employer Loses Case

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

An employer challenging an award of workers’ comp benefits has waived its issues on appeal by failing to comply with procedural rules, including proper binding of the brief and appendix, including assignments of error and a statement of facts; the Court of Appeals finds employer’s failure to comply with the rules to be significant and [...]

Pro Se Claimant Loses on Procedure

By Deborah Elkins
Published: February 14, 2013
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

In light of the pro se claimant’s many procedural errors, the Court of Appeals finds no merit in his appeal of a denial of his claims for wage loss benefits, disfigurement and medical expenses. Claimant’s opening brief fails to include a table of contents, table of authorities, assignments of error, standard of review and citation [...]

Interest Award Procedure Clarified

By Deborah Elkins
Published: January 17, 2013
Tags: Judge Robert J. Humphreys, Virginia Court of Appeals, Workers' Comp

The Court of Appeals remands for clarification the commission’s award of interest to employee; Va. Code § 65.1-1203(A)(2) requires that the commission must specifically order payment by the Uninsured Employer’s Fund, and the Fund is a subrogee not a successor to or insurer of employer. In 2011, employee, a 63-year-old auto parts salesman, was awarded [...]

Permanent Disability Timely Asserted

By Deborah Elkins
Published: January 11, 2013
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the decision of the Virginia Workers’ Compensation Commission awarding permanent partial disability benefits to an employee who claimed permanent partial disability benefits within 36 months as required by Va. Code § 65.2-708; evidence supporting a timely claim can be presented later. In October 2004, employee injured her right leg in [...]

Claimant’s Surgery Covered Under ‘Imposition’ Doctrine

By Deborah Elkins
Published: December 6, 2012
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

Although claimant’s hand surgery for rheumatoid arthritis was unrelated to her work-related wrist fracture, employer is liable for the cost of her hand surgery under the doctrine of imposition, the Court of Appeals says, as the representative for employer’s workers’ comp carrier sent documentation to the surgeon approving payment of the claim. The commission record [...]

Teacher Knee Injury Not Compensable

By Deborah Elkins
Published: December 6, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers' Comp

A majority of the Court of Appeals affirms the commission’s denial of benefits to a teacher who injured her right knee rushing to the classroom of an autistic student who could not be left alone, as teacher failed to prove rushing is an actual risk of her employment; the dissent finds sufficient evidence of work [...]

Student Claimant Did Not Abandon Labor Force

By Deborah Elkins
Published: December 6, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals says a claimant who injured her back working at Starbucks and who attempted light-duty employment elsewhere before attending community college full-time cannot have her workers’ comp benefits terminated on the ground that she had abandoned the labor force. Claimant made an unsuccessful attempt to return to work at the same Starbucks [...]