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Workers' Comp – Occupational Disease – Blank Answer
Virginia Lawyers Weekly//January 1, 1993
Where claimant recited that he injured his wrist and in an interrogatory answer, when questioned as to whether he would claim an occupation disease, claimant left the answer blank, and alleged an injury by accident, and where nothing in the transcript of the evidentiary hearing suggests that claimant was proceeding under an occupational disease theory, we will not consider claimant’s argument that his claim was compensable under an occupational disease theory.
Affirmed.
Gafford v. Meredith Burda Corporation (P.C.) No. 1549-92-3, Jan. 12, 1993; Workers’ Comp. Comm.; Donald G. Pendleton for appellant, Melissa W. Scoggins for appellees. * VLW 093-7-029, 2 pp.
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
