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Tag Archives: Workers’ Compensation

Shoulder pain not compensable consequence of prior injury (access required)

Where claimant injured his right should in a work-related incident, the Virginia Workers’ Compensation Commission correctly determined that appellant’s subsequent pain in his left shoulder was not a compensable consequence of his initial injury. Contradictory evidence “Claimant argues that the ...

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Mediating a workers’ compensation case

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Sponsored Content BACK | SPONSORED CONTENT HOME By Brandon Osterbind For several years now, the Virginia Workers’ Compensation Commission has promoted mediation as another means of case resolution. The commission’s system relies on the expertise of the current sitting deputy ...

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Injured employee sues responsible ‘other party’ (access required)

Where the plaintiff was injured by an employee of a freight unloading company that was working at the plaintiff’s jobsite, the exclusivity provision of the Virginia Workers’ Compensation Act did not bar the plaintiff’s claim against the company because it ...

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Claimant’s burden to prove shoulder impairment (access required)

Claimant had the burden to prove that the Virginia Workers’ Compensation Commission erred by accepting a permanent partial disability rating and a functional capacity evaluation endorsed by her treating physician to award her a 2 percent permanent disability. Claimant did ...

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Flight attendant did not prove work-related injury (access required)

Where the claimant, a flight attendant, asserted that changes in an aircraft’s cabin pressure during a descent caused disabling injuries, she did not refute defendant employer’s evidence that nothing about the flight or the aircraft caused air pressure problems. The ...

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Undocumented worker suffered crush injuries to legs – $1.6 million settlement (access required)

The claimant was an undocumented worker. On Aug. 20, 2018, he suffered crush injuries to both legs from a wood press at work. Counsel argued that this claim would be a permanent total disability claim which would entitle claimant to ...

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