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

The Virginia Workers’ Compensation Commission correctly denied an injured employee’s request to exclude non-compensable damages from the amount of a third-party recovery subject to the employer’s right of subrogation. Statement of the case “Corey Stowers (‘Stowers’) appeals the decision of ...

Tagged with: Judge Vernida R. Chaney Virginia Court of Appeals Workers’ Comp

The Virginia Workers’ Compensation Commission correctly denied claimant’s application for temporary disability benefits because he did not make reasonable efforts to market his residual work capacity. Analysis “Claimant argues the Commission erred in finding that he failed to adequately market ...

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

A worker who had a fatal heart attack following a three-week exposure to radar waves did not suffer an identifiable compensable injury. Claimant did not establish an injury by accident “because the alleged identifiable incident or sudden precipitating event was ...

Tagged with: Judge Daniel E. Ortiz Virginia Court of Appeals Workers’ Comp

Claimant’s failure to wear a safety harness at a work site did not disqualify her from receiving disability benefits after she fell from an attic while working for employer. Employer argues that claimant willfully violated a workplace safety rule. But ...

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