A neuropsychologist hired by claimant’s employer was correctly admitted as an expert witness under the Workers’ Compensation Commission’s own rules and procedures. “[T]he Commission ‘is not bound by statutory or common law rules of pleading or evidence nor by technical ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers’ Comp

Where general contractor subcontracted a business owner to help on a job site, the business owner cannot obtain workers’ compensation benefits after he injured his hip. The business owner was not the general contractor’s employee. Rather, the Virginia Workers’ Compensation ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers’ Comp

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Workers’ Comp

The Virginia Workers’ Compensation Commission correctly determined that the injured worker was a subcontractor’s employee, and not an independent contractor. Statement of the case “Dionel Espino fell from a ladder and injured his foot. He sought recovery under the Workers’ ...

Tagged with: Judge Lisa M. Lorish Virginia Court of Appeals Workers’ Comp

The Virginia Workers’ Compensation Commission correctly awarded an injured school bus driver temporary total disability benefits for a five-day period. The commission properly determined her change in condition was causally related to a work-related car accident four years earlier. Background ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers’ Comp

Where the Virginia Workers’ Compensation Commission awarded the claimant temporary total disability benefits, this was error because the record shows his wage loss was unrelated to his work injury. Discussion “The Commonwealth argues that the Commission erred as a matter ...

Tagged with: Judge Christopher Clemens Virginia Court of Appeals Workers’ Comp

Where a workers’ compensation recipient needed to take Uber rides to some of her medical appointments, her employer and its insurer were not owed any notice as a prerequisite to her recovering the cost of the rides. “The Workers’ Compensation ...

Tagged with: Judge Stuart A. Raphael Virginia Court of Appeals Workers’ Comp

Where the uncontradicted medical evidence did not suggest that claimant had any physical limitations, the employer did not need to show that a treating physician was “familiar with the physical requirements of the job and the type of physical limitations ...

Tagged with: Judge Christopher Clemens Virginia Court of Appeals Workers’ Comp

The Virginia Workers’ Compensation Commission incorrectly ruled that the claimant could not seek reimbursement of unpaid bills that had been written off by a medical care provider “because the amounts sought were neither paid by, nor charged to, [the claimant].” ...

Tagged with: Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers’ Comp

Where some of the claimant’s injuries were compensated under a voluntary settlement agreement, res judicata does not bar additional claims brought after the parties entered into the agreement. Overview O’Neil, a sheriff’s deputy in Henrico County, was injured during a ...

Tagged with: Judge Dominique A. Callins Virginia Court of Appeals Workers’ Comp