Tag Archives: Workers’ Comp

Workers’ comp sole remedy for mental health employee’s death (access required)

Where a client referred to a residential at-risk youth program murdered a counselor, the circuit court correctly ruled that the exclusive remedy for the counselor’s estate was a workers’ compensation claim. The circuit court properly dismissed negligence and wrongful death ...

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Missing signature was reason to vacate award (access required)

Where the Virginia Workers’ Compensation Commission awarded claimant benefits after she filed an award agreement that was not signed by her employer’s representatives, the commission correctly vacated the award and denied claimant’s request to sanction the employer for not promptly ...

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Medical center was properly denied certificate of need (access required)

Where claimant injured his hip and suffered dog bite injuries while working for a swimming pool company, the evidence supports the Virginia Workers’ Compensation Commission’s conclusion that the hip injury resulted from the dog attack even though it did not ...

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No authority to reduce surgical billing charges (access required)

Where the Virginia Workers’ Compensation Commission reduced some surgical bills a medical care provider submitted to the claimant’s employer and its workers’ compensation carrier, the decision is reversed. Code § 65.2-605 does not provide for an automatic 50 percent reduction ...

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Claimant did not lose use of both legs (access required)

Credible evidence supports the workers’ compensation commission’s determination that claimant did not suffer “the permanent loss of use of two body parts,” which is required for an award of permanent total disability benefits. Background Roane worked for the Washington Metropolitan ...

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Hearing application lacked probable cause (access required)

Where appellants’ sole expert offered contradictory opinions regarding appellee claimant’s current physical capabilities, the workers’ compensation commission correctly affirmed a staff attorney’s decision that there was no probable cause to put appellant’s hearing application on the hearing docket. Prior proceedings ...

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