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Worker fell off roof, rendering him a paraplegic — $1.25M settlement
Type of action: Workers’ compensation Injuries alleged: Paraplegia Court: Virginia Workers’ Compensation Commission Verdict or settlement: Settlement Amount: $1,250,000 Attorney for plaintiff: Stephen T. Harper, Richmond Description of case: Client was a 31-year-old married man working in Richmond when he fell off a roof. He was wearing a safety harness at the time, but the […]
Modification of pre-injury wages denied
Where claimant did not challenge the stated average weekly wage in her award order within 30 days of the Virginia Workers’ Compensation Commission’s decision, the award order can only be modified “on grounds of fraud, misrepresentation, mistake, or imposition.” The commission correctly determined that claimant did not prove one of these grounds. Untimely appeal “Mahamed […]
Truck driver rolled rig after using tools on steering wheel — $500,000 settlement
Type of action: Workers’ compensation Court: Virginia Workers’ Compensation Commission Verdict or settlement: Settlement Amount: $500,000 Attorney for plaintiff: Berkley D. Foltz, Richmond Description of case: In the early morning hours of June 8, 2022, the claimant was the driver of a tractor-trailer that left the interstate, rolled over and crashed into a tree. The […]
Claimant not required to help with job search
The Workers’ Compensation Commission correctly determined that the claimant “was not required to cooperate with vocational rehabilitation services that were inappropriate for a disabled claimant.” The commission properly restored claimant’s temporary total disability benefits. Background The claimant was injured on July 30, 2015, in a work-related traffic accident. He saw several doctors b[...]
Landscaper severely injured in on-the-job auto accident — $1.65M settlement
Type of action: Workers’ compensation Injuries alleged: Right above-the-knee amputation, right hand/wrist avulsion injury and fracture, left leg tibia/fibula fracture, right orbital wall & nasal/septum fracture, fractured teeth, T11-12 transverse process fractures, multiple rib fractures, concussion, depression, anxiety, Type 2 diabetes Court: Virginia Workers’ Compensation Commission Name[...]
Sole proprietor not ‘employee’ under workers’ comp law
A Virginia court has rejected an insurance company’s argument that the owner of an unincorporated cleaning business should be counted as an employee along with her two hired workers, thereby subjecting the business to the Virginia Workers Compensation Act, or VWCA. When an employee sued the owner after a car accident they were involved in […]
Rideshare recovery: Notice of costs unnecessary for workers’ comp reimbursement
An employer’s attempt to establish a black-letter requirement that workers’ compensation claimants must provide notice of their need for transportation to a medical appointment as a condition of recovery has backfired. The employer argued that the Workers Compensation Commission erred in awarding the employee her out-of-pocket Uber expenses, and that her recovery should have been […]
Man injured helping coworker with broken-down vehicle — $2M settlement
Type of action: Workers’ compensation Injuries alleged: Traumatic brain injury, respiratory failure, injuries to head, brain, cognitive disorders, seizure disorders, bilateral lower extremities (including hips), groin, neurogenic bladder and bowel, osteoporosis, hypogonadism and muscle spasticity Court: Virginia Workers’ Compensation Commission Name of judge or mediator: Commissioner William D[...]
$2M recovery for injured roofer with catastrophic injuries — $2M settlement
Type of action: Workers’ compensation Injuries alleged: Paraplegia Court: Virginia Workers’ Compensation Commission Date resolved: 6/22/2022 Verdict or settlement: Settlement Amount: $2,000,000 Attorneys for defendant (and city): Richard H. Talbot and Geoff McDonald, Richmond Description of case: The claimant was paralyzed from the waist down when he fell from a roof he was working on. [&helli[...]
Insurer agreed to mediate after autopsy report revised — $175,000 settlement
Type of action: Workers’ compensation Verdict or settlement: Settlement Amount: $175,000 Attorney for plaintiff (and city): Stephen Harper, Richmond Description of case: The injured worker died in a motor vehicle accident while he was at work. While driving a truck filled with sand, he experienced a heart attack causing him to run off the road […]
Claim for ongoing treatment barred
Where a workers’ compensation claimant failed to appeal a determination which didn’t address payments for ongoing treatment of a compensable injury, his claims were barred by res judicata. The Virginia Court of Appeals affirmed a finding of the Workers Compensation Commission that the claimant had failed to pursue his claim for treatment of a causally […]
Workers’ comp claim for foot condition denied
A man who suffered multiple injuries in a work-related fall from a tree in 2014 saw his claim for medical benefits for a foot condition denied by the Virginia Workers’ Compensation Commission, or VWCC. The commission found “no causal connection between appellant’s work-related injuries and the left foot condition for which he sought surgery.” The […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
