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Tag Archives: Workers’ Compensation

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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Workers’ Comp – Employer/Employee Relationship – Tax Withholding (access required)

Although a skilled carpenter elected to make his own withholding tax payments, appellant construction company exerted control over claimant carpenter by directing his work on a daily basis, and the Court of Appeals upholds an award of workers’ comp for ...

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Workers’ Comp – Comp Bar – Auto Accident – Employee Death (access required)

The Workers’ Compensation Commission had no jurisdiction to decide that an employee’s death in an auto accident arose out of his employment; because the employee died and had no beneficiaries, the commission had no jurisdiction in the matter and the ...

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Workers’ Comp – Change-In-Condition Application – Limitations (access required)

Upon rehearing en banc, the Court of Appeals reverses a commission decision rejecting claimant’s change-in-condition application for benefits as time-barred under Va. Code § 65.2-708(A), based on the commission’s ruling that the tolling provision in subsection (C) extends only once ...

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Comp commission changes briefing schedule

The Workers’ Compensation Commission has decided to extend the time allowed to file appellate written statements with the commission, from 15 days for appellant, with 10 more for appellee, to 30 days and an additional 15 days. Litigants routinely request ...

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