An employer wrongly claimed that a coal miner who suffered loss of lung function needed to prove his disability after medical tests “conducted according to” established standards. Background The claimant suffered loss of lung function due to his exposure to ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

Where a Goodwill driver willfully violated his employer’s known safety rules, he is denied workers’ compensation benefits. Background Appellant was employed by Rappahannock Goodwill. On Oct. 10, 2016, appellant sustained injuries while unloading donated goods from a company truck. Appellant ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

A fourth-grade teacher’s fall from a school bus during a summer trip to visit students entitled her to workers’ compensation. Background Claimant worked for employer as a fourth-grade teacher. In August 2016, while visiting incoming students at daycare centers and ...

Tagged with: Justice Charles S. Russell Virginia Court of Appeals Workers' Compensation

The commission was entitled to give greater weight to the treating physician’s opinion and rely on his testimony that physical therapy and massage administered to manage an employee’s pain was reasonable, necessary and causally related to his work injury. Background ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers' Compensation

Credible evidence supported the commission’s finding that the bus driver’s willful violation of his employer’s rule and the statutory requirement to wear a seatbelt was the proximate cause of his injuries after a collision, thus benefits were denied. Background On ...

Tagged with: Virginia Court of Appeals Workers' Compensation

Although an employer objected that a $25,000 fine was “burdensome, excessive and in violation of public policy,” the record showed the employer failed to maintain required workers’ compensation insurance and the fine was affirmed. Background Employer owns and operates a ...

Tagged with: Virginia Court of Appeals Workers' Compensation

A Lowe’s employee who failed to produce evidence that the treatment he sought for crying spells was causally related to his work accident has his claim denied. Background Claimant suffered from epilepsy as a child and had a temporal lobectomy ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers' Compensation

An employer’s argument that the worker’s comp commission gave too much weight to a medical opinion, and ignored contrary evidence in the record concerning an employee’s injury, was not a valid basis to challenge its decision. Background On Oct. 17, ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

Where credible evidence in the record supported the commission’s conclusion that claimant engaged in repetitive movements, could not recall specifically when his symptoms began, and was unable to identify a particular movement or action that caused the onset of his ...

Tagged with: Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation

An employer’s argument that the worker’s comp commission gave too much weight to a medical opinion, and ignored contrary evidence in the record concerning an employee’s injury, was not a valid basis to challenge its decision. Background On Oct. 17, ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation