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Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
An $825,000 workers’ compensation settlement was reached for a plaintiff struck by a metal door, sustaining a subdural hematoma in Washington, D.C.
Administrative – Black Lung benefits award is affirmed
The 4th Circuit affirmed an administrative law judge's award of black lung benefits to Harold Baisden, rejecting Wolf Run Mining's rebuttal of legal pneumoconiosis presumption.
Administrative – Coal miner’s years of employment was improperly calculated
Where an administrative law judge and the Benefits Review Board held that a coal miner was required to show a 365-day employment relationship with his employer during each year for […]
Workers’ Compensation – Worker sustains back injuries following fall, seeks PTD
Virginia Workers’ Compensation Commission approves $1.05 million settlement for a worker with lumbar disc herniation and spinal cord stimulator implantation.
Workers’ Compensation – Coal miner reaches deal for black lung disease disability
A coal miner in Virginia reached a $325,000 settlement for black lung disease disability after mediation led by Deputy Commissioner Robert M. Himmel.
Dog-bite injury risk ‘likely’ under employment conditions
The Court of Appeals of Virginia affirms dismissal of a dog bite lawsuit, ruling the barn worker’s injury arose from employment and falls under the Workers’ Compensation Act.
Negligence: Employee must pursue remedy for dog bite via worker’s compensation
Where the employer required an employee to be around the employer’s dogs and she was bitten while handling the horse in close proximity to the dog, her dog bite injury arose out of her employment and her exclusive remedy therefore lay in the Workers’ Compensation Act.
Workers’ Compensation: Credible evidence supports neck injury compensation award
Where a man’s neck “popped” after he craned his head to inspect a control box directly above him, and his testimony was corroborated by his wife’s testimony and various medical records, he was entitled to benefits.
Workers’ Compensation: Commission corrects wage error to injured employee
Where the Workers’ Compensation Commission awarded benefits at the wrong weekly wage, and the injured employee mistakenly accepted the lower wage due to a head injury and lack of an attorney at the time of the award agreement, the commission did not err when it corrected the error.
Workers’ Compensation: Benefits awarded to cashier who was robbed
Where the record supported the Commission’s decision to award benefits to a gas station cashier for physical and emotional injuries suffered during a robbery, it was affirmed.
Crosswalk lawsuit no exception to coming-going rule
Court of Appeals of Virginia affirms denial of workers' comp to woman injured in a crosswalk, ruling it was not part of employer's extended premises.
Workers’ Compensation: Construction supervisor was wrongly denied disability benefits
Where the Virginia Workers’ Compensation Commission denied disability benefits to a man injured while “on a job site” – because it reasoned that he was an independent contractor and not an employee – it erred. The company controlled the “means” and “methods” of how to carry out his job when he was on the jobsite.
Verdicts & Settlements
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
Opinion Digests
- Criminal – Sentence for ‘unusually heinous’ conduct is affirmed
- Criminal – Sentence wasn’t unreasonable despite deportation consequences
- Appeals – Waiver in plea agreement forecloses most arguments on appeal
- Appeals – Appellant’s informal brief forfeited appellate review
- Employment – Failure to exhaust administrative remedies dooms Title VII suit
- Jurors – Dishonest juror didn’t violate defendant’s Sixth Amendment rights
- Criminal – Motion to suppress backpack denied where defendant abandoned item
- Civil Rights – Officer denied immunity in fatal shooting case
- Civil Rights – No qualified immunity on excessive force police K-9 claim
- Criminal – Probable cause includes dog’s positive alert for narcotics
- Criminal – Evidence supports obstruction of justice conviction
- Search & Seizure – Inventory search exception applies to warrantless search
