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 ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Workers’ Comp

Where a nursing home employee injured her back while transferring a client from a wheelchair into a car, the Virginia Workers’ Compensation Commission correctly determined that her injury arose from the conditions of her employment. Those conditions included the employee, ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers’ Comp

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 ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers’ Comp

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 ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers’ Comp

Where claimant died from carbon monoxide poisoning while sleeping in his van, this was an injury that “arose out of and in the course of his employment.” The personal comfort doctrine applies under the facts and circumstances of this case. ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers’ Comp

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 ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers’ Comp

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 ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers’ Comp

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 ...

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

Where plaintiff fell on her right side and claimed injuries to her right ankle, knee, hip and shoulder, and to her neck and back, the Court of Appeals erred by determining that she suffered a compensable shoulder injury because there ...

Tagged with: Justice William C. Mims Supreme Court of Virginia Workers’ Comp

Where the claimant testified that no one told her that her doctor, in response to a query from claimant’s counsel, had cleared her for light, sedentary work, the Virginia Workers’ Compensation Commission correctly concluded that she had been entitled to ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers’ Comp