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

The record supports the Virginia Workers’ Compensation Commission’s findings that claimant’s injuries were not related to a workplace accident. The commission correctly denied his claim for “temporary total disability benefits and lifetime medical benefits from a work accident that occurred ...

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

Where a medical care provider and a city’s workers’ compensation claims administrator contracted to limit the provider’s fees, this limitation applied to all of the provider’s billed services. The provider’s argument that the limitation does not apply in this case ...

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

The Virginia Workers’ Compensation Commission correctly denied claimant’s application for permanent and total disability. The medical evidence establishes that claimant’s complaints of left knee and leg problems were unrelated to her compensable right knee injury three years earlier. Overview Claimant ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers’ Comp

Even though claimant’s medical benefits claim included a claim for deep vein thromboses, where the deputy commissioner’s award did not address DVT, and neither party appealed, the award became final and res judicata bars a later claim to pay for ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers’ Comp

Even though some opinions from claimant’s treating physician were “equivocal,” there was sufficient medical evidence that claimant’s knee injury was causally related to a slip-and-fall accident at work. Analysis “‘Causation is usually proven by medical evidence.’ …[I]in cases where medical ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers’ Comp