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Tag Archives: Workers’ Compensation

Workers’ Comp – Injury By Accident – Massie Rule – Claimant’s Pain (access required)

A claimant’s testimony that she “twisted her body” and “felt something pull” in her lower back when she was attempting to assist a disabled patient by lifting her from a wheelchair onto the toilet, support claimant’s assertion of an identifiable ...

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Driver distracted by cell phone gets comp

Here’s a case where a driver distracted by a cell-phone call could show that the resulting accident was covered by workers’ comp. Hospice nurse Donna Turpin sought medical payments for whiplash she suffered when she went off the road after ...

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Workers’ Comp – De Facto Award Doctrine – Voluntary Payments (access required)

The Court of Appeals reverses the commission’s award of benefits to claimant Scott Patton under the de factoaward doctrine, which effectively precluded the employer from exercising its statutory right to contest compensability of the claim. In the alternative, the commission ...

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Taking light-duty job not enough to keep comp

An injured drugstore employee who wanted to keep her workers’ comp benefits needed to do more than accept the light-duty job offered by her employer, the Virginia Court of Appeals said today. She needed to keep looking for work, the ...

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Workers’ Comp – Knee Injury – Change Of Condition – Timely Application (access required)

The Court of Appeals says claimant, who injured both knees while working for a waste management department but two years later went to work for another employer at a wage higher than her pre-injury wage, loses her appeal of the ...

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Workers’ Comp – Job Termination – Just Cause – Yelling At Employees (access required)

The Court of Appeals says an auto dealer’s service department could cut off workers’ comp benefits for claimant, who managed the vehicle detail department, after he hurt his wrists on the job, as the employer was justified in terminating claimant ...

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Employer goes for ‘team building,’ gets comp claim

An employer’s “mandatory fun day” backfired when it had to pay workers’ comp to an employee injured during a day of “team building.” Claimant Margie Kenney worked as an in-home therapist for Highlands Community Services in Southwest Virginia. She testified ...

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