Although claimant had alcohol in his system from drinking during the evening before he fell off a 10-foot ladder, employer did not prove his blood alcohol content in the range of 0.09 to 0.17 at the time of the accident ...

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

A claimant who suffered a work-related back injury acted in good faith when, after treating with an authorized physician, she saw an unauthorized doctor who had treat­ed her before, including successful neck sur­gery, and who performed additional surgery to treat ...

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

The 4th Circuit upholds an award of medical benefits under the Longshore and Harbor Workers’ Compensation Act for a pipefitter’s treatment for chronic obstructive pulmonary disease, including his treatment for a vertebra fracture diagnosed as having been related to claimant’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge William B. Traxler Jr. Workers’ Comp

A police officer who slipped on a stair­way while he was investigating a poten­tial burglary in progress at a private res­idence did not show that his injury arose out of his employment, and the Court of Appeals upholds the commission’s ...

Tagged with: Judge Teresa M. Chafin Virginia Court of Appeals Workers’ Comp

Claimant, an electri­cian driving home after work in company-as­signed work van struck and killed oncoming driver in head-on col­lision. Accident was on Route 30 in Suffolk, near NC border. Claimant claimed that his vehicle drifted into other lane when he ...

Tagged with: Workers’ Comp

A claimant who injured his wrists on the job cannot convince the Court of Appeals that his two letters to the commission – one seeking authorization for surgery and one re­sponding to employer’s application for hear­ing – should be treated ...

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

The Court of Appeals summarily af­firms a commission decision finding that claimant did not suffer a compen­sable injury by accident, as review of issues she raises on appeal are barred by her procedural defaults. Claimant was required under Rule 5A:25 ...

Tagged with: Per Curiam Opinion Virginia Court of Appeals Workers’ Comp

An airline ramp agent who had dislocated his patella twice before as a teenager cannot show that his dislocated patella that occurred as he carried two strollers up a metal “jet bridge” arose from his employment; the Court of Appeals ...

Tagged with: Judge Stephen R. McCullough Virginia Court of Appeals Workers’ Comp

The claimant, an employee of A, a contractor, fell from a height. Discovery, motions, a change in venue, and joinder and dismissal of various parties occasioned by added defenses delayed a hearing. In the course of the litigation Nationwide, insurer ...

Tagged with: Million-Dollar Settlements Virginia Workers' Compensation Commission Workers’ Comp

An Isle of Wight County Circuit Court dismisses the Commissioner of Labor and Industry’s 2015  bill of complaint for a 2012 worksite safety violation, filed 25 months after the commissioner gave notice to the local prosecutor; there is no specific ...

Tagged with: Isle of Wight Circuit Court Virginia Circuit Courts Workers’ Comp