Workers’ Comp | Virginia Lawyers Weekly

Separate Injury Requires New ‘Blue Letter’

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

A cabinetmaker’s employee who suffered a January 2007 wrist injury and a May 2007 thumb injury is not time-barred from claiming workers’ comp benefits for the thumb injury; in a case of first impression, the Court of Appeals says the “blue letter” claimant received on the wrist injury did not trigger a per se lack [...]

Shipyard bill may have unintended consequences

By Peter Vieth
Published: April 4, 2012
Tags: General Assembly, Maritime, Workers' Comp

A controversial bill to remove state workers’ compensation protection for some shipyard employees could have the unintended effect of increasing negligence claims and lawsuits arising out of shipyard accidents, workers’ comp lawyers warn.
Virginia shipyards narrowly won General Assembly approval of their plan to limit most shipyard workers to compensation under federal laws, eliminating coverage under [...]

Employer Has ‘Prevailing Rate’ Burden

By Deborah Elkins
Published: March 9, 2012
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers' Comp

Despite evidence that a physician who provided treatment to claimant under a workers’ comp award reduced charges for services to Medicare patients and under a Longshore Fee Schedule, the Court of Appeals says employer did not meet its burden to show the larger fee charged by the provider exceeded the “prevailing rate” in the community [...]

No comp lien on med-mal award

By Deborah Elkins
Published: October 20, 2011
Tags: Judge Clifford R. Weckstein, Medical Malpractice, Roanoke Circuit Court, Workers' Comp

An employer who paid for treatment of an employee’s broken leg cannot collect on a workers’ comp lien on the nearly $1 million medical malpractice award the employee later won from a Roanoke jury.
Michael W. Thompson broke his right leg on the job at Bentech Manufacturing in Roanoke. In 2003, he sought workers’ compensation [...]

Cell Phone Caused Employee Injury

By Deborah Elkins
Published: October 6, 2011
Tags: Judge Stephen R. McCullough, Virginia Court of Appeals, Workers' Comp

A majority of the Court of Appeals affirms the commission’s award of medical benefits to a nurse injured in a car accident after she was distracted by the illumination of a personal cell phone she dedicated to receiving calls from her employer while on call on weekends.
Hospital employed nurse to provide hospice care in patient [...]

No Award for Insufficient Part-time Work

By Deborah Elkins
Published: August 29, 2011
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

On rehearing, the Court of Appeals agrees with employer that the commission’s award of temporary partial disability benefits should be reversed.
Employee suffered a compensable injury to his lower left leg in October 2007. Before his injury, employer paid employee $11.50 per hour for working construction between 45 and 50 hours per week.
In January 2009, [...]

Employee’s Attendance Defeats Noncooperation Claim

By Deborah Elkins
Published: August 16, 2011
Tags: Judge Elizabeth A. McClanahan, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission decision rejecting employer’s application to terminate employee’s disability benefits for unjustifiable noncooperation with vocational rehabilitation; the court finds credible record evidence of cooperation, including employee’s attendance at most of his appointments with employer’s assigned vocational rehabilitation counselor.
Employee has a ninth grade education and bipolar disorder. He suffered [...]

Appeal Scuttled By Brief Rule

By Deborah Elkins
Published: August 2, 2011
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

A claimant’s pro se appeal of the denial of his request for medical benefits for an arm injury is rejected by the Court of Appeals because claimant failed to comply with Rule 5A:20 requirements for his brief.
Claimant contends the commission had limited authority and jurisdiction to rule on federal violations of law; liability should have [...]

No Spa Pool on Doc’s Prescription

By Deborah Elkins
Published: July 21, 2011
Tags: Judge Robert P. Frank, Virginia Court of Appeals, Workers' Comp

A school board need not pay for the “spa pool” for an employee with back pain from a shoulder injury; although claimant had a doctor’s prescription, he did not show that a six-person home spa pool was medically necessary, and the Court of Appeals reverses the commission decision ordering payment by employer.
Claimant saw a television [...]

Hand Injury Prevented Vocational Rehab

By Deborah Elkins
Published: July 19, 2011
Tags: Judge James W. Haley Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission’s termination of employee’s benefits for failure to participate in vocational rehabilitation; employee may not transform employer’s change of condition hearing into an adjudication of compensability under Va. Code § 65.2-704, the Court of Appeals says.
This appeal follows a remand on employer’s earlier appeal of the denial [...]

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