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Tag Archives: Workers’ Compensation

Workers’ Comp – Flight Attendant – Factual Dispute (access required)

In this workers’ comp case involving a flight attendant who rejected her treating physician’s opinion releasing her to full duty in favor of continued medical treatment that culminated in neck surgery and a finding of total disability, the dispute between ...

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Workers’ Comp – Two Causes Rule – Shoulder Injury (access required)

The Court of Appeals rejects employer’s contention that the commission erred in concluding claimant was disabled and in granting temporary total disability and medical benefits, based upon the “two causes” rule. The two causes rule addresses those cases where a ...

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Workers’ Comp – Authorized Physician – Wrist Injury (access required)

Where claimant’s initial treating physician referred him on to other physicians for treatment of his fractured wrist, which eventually required surgery, the Court of Appeals says the physicians to whom claimant was referred also were authorized treating physicians and employer ...

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Employer must provide an interpreter for comp claimant (access required)

Employers could be required to provide language translators when necessary for injured workers to receive needed medical care under a recent opinion from the Workers’ Compensation Commission. In an issue of apparent first impression, the Virginia Workers’ Compensation Commission has ...

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Workers’ Comp – Knee Replacement – Pre-Existing Condition – Aggravation (access required)

A claimant who suffered a work injury that aggravated her pre-existing condition, from her prior total knee replacement from a non-work-related medical condition, is not entitled to a 37 percent lower left extremity impairment rating, the Court of Appeals holds. ...

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Workers’ Comp – Carpal Tunnel Syndrome – Marketing Residual Work Capacity (access required)

The Court of Appeals has no jurisdiction to review the commission’s decision that claimant reasonably marketed her residual work capacity, an issue that was secondary to the commission’s decision that claimant’s carpal tunnel syndrome was not an occupational disease arising ...

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Workers’ Comp – Medical Pay – Employer Credit – Limitations (access required)

Treatment of a professional soccer player’s right shoulder and neck are encompassed within his compensable upper back injury suffered in 2005 during practice, and the Court of Appeals reverses the commission’s denial of medical benefits and holds the claim is ...

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Workers’ Comp – Arising Out Of – Carpal Tunnel Syndrome (access required)

Medical evidence that supported an employee’s claim that her carpal tunnel syndrome was a compensable occupational disease can be discounted because the medical providers she cited were not familiar with claimant’s job duties at Goodyear, and the Court of Appeals ...

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Workers’ Comp – LHWCA – Aggravated Injury – Attorney’s Fees (access required)

The Benefits Review Board did not err in holding that the employer did not rebut a shipyard worker’s prima facie case of workplace related aggravation-injury, but the 4th Circuit says the board abused its discretion in applying a 10-year-old case ...

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