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Tag Archives: Workers’ Compensation

Workers’ Comp – Appeals – Interlocutory Order (access required)

A commission decision to hold a workers’ comp claim “in pendency status until the claimant offers evidence of maximum medical improvement and a current rating” is an interlocutory order not presently appealable, and the Court of Appeals dismisses employer’s appeal ...

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Workers’ Comp – Res Judicata – Collateral Estoppel – Leg Injury (access required)

A claimant who first applied for permanent partial disability benefits for injury to his left knee and left ankle from a work-related auto accident is not barred by res judicata or collateral estoppel from seeking a second award for permanent ...

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Undocumented alien suffers brain injury in workplace fall – $2,500,000 Settlement (access required)

The injured worker was a 40-year-old undocumented alien who worked evenings cleaning office buildings in Northern Virginia. At the time of the accident, the claimant had an average weekly wage of $323, and therefore qualified for a $215 compensation rate. ...

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Workers’ Comp – Late Payments – Employer Penalties – Docketing Application (access required)

An employer’s claim that it continued to pay a resort housekeeper at or above her workers’ comp rate after she returned to light-duty work does not relieve the employer of additional payments on claimant’s award; the commission erred in concluding ...

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Workers’ Comp – Medical Payments – Treating Physician Change (access required)

A claimant’s complaint to her supervisor that she continued to suffer worsening pain from her on-the-job injury and the supervisor’s response that he would get in touch about her seeing a doctor, supported her contention that she consulted with employer ...

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Workers’ Comp – Change In Condition – Refusal Of Selective Employment (access required)

A 50-year-old stockroom employee who suffered a work-related spinal injury is entitled to temporary total disability benefits, the Court of Appeals says, based on her treating orthopedic surgeon’s opinion that the employee’s continued pain and decreased sensation in her lower ...

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Workers’ Comp – Total Incapacity – Crushing Injury – Pain Syndrome (access required)

The Court of Appeals affirms a workers’ comp award to an employee who suffered a work-related crushing injury to his right arm and who continued to have post-surgical pain in his right shoulder and an apparent reflux sympathetic dystrophy in ...

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