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Tag Archives: Workers’ Compensation

Comp settlement believed to be second-largest in state history — $5,300,000 settlement (access required)

Type of action: Workers’ compensation Court: Virginia Workers’ Compensation Commission Verdict or settlement: Settlement Amount: $5,300,000 Date of settlement: 2021 Attorney for plaintiff: Stephen T. Harper, Richmond Description of case: Claimant suffered a slip and fall at work in 2014. ...

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Benefits award upheld despite incorrect analysis (access required)

We affirm the Court of Appeals’ determination that claimant was entitled to workers’ compensation benefits, even though the court used an incorrect analysis to reach its conclusion. The appeals court ruled that claimant’s injury occurred during a four-hour period, and ...

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Pre-existing condition limits disability award (access required)

The Virginia Workers’ Compensation Commission correctly determined that claimant had a pre-existing condition that affected her ability to use her hip. Further, the commission correctly determined that although her treating physician opined that she had a 50 percent disability, she ...

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Employer did not prove safety rule violation (access required)

Where claimant crushed her hand between the walk-behind fork truck she was operating and a metal crate, the Virginia Workers’ Compensation Commission correctly affirmed the deputy commissioner’s decision to approve claimant’s application for benefits. The employer did not prove that ...

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Medical worker tears ACL after being assaulted by patient — $120,000 settlement (access required)

Type of action: Workers’ compensation Injuries alleged: Torn ACL donor skin graft Date resolved: 7/1/2021 Amount: $120,000 Attorneys for plaintiff (and city): Richard Talbot and Geoff McDonald, Richmond Description of case: On May 13, 2019, the claimant was violently assaulted ...

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Independent contractor loses right hand after being electrocuted on the job — $1.5 million settlement (access required)

Type of action: Workers’ compensation Injuries alleged: Electrocution with amputation of right hand and partial left foot and deformity of left hand Name of case: Espinoza v. AFA Painting and Home Improvements LLC Court: Virginia Workers’ Compensation Commission Case no.: ...

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Reasonable notice required for attorney’s fee claim (access required)

The Workers’ Compensation Appellate Commission correctly interpreted its rules to require reasonable notice when requesting attorney’s fees from a health care provider. As determined in Marks v. Henrico Doctors’ Hospital/HCA, ___ Va. App. ___ (June 29, 2021), although the relevant ...

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