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Tag Archives: Workers’ Compensation

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. Although the relevant statute does not have a time requirement for filing a claim for attorney’s fees, the ...

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Injuries in separate accidents bars permanent disability award (access required)

Where claimant injured his neck and left arm and hand in a work-related accident and later fell down some stairs at home and injured his left knee, the Court of Appeals erred by affirming the Virginia Workers’ Compensation Commission’s award ...

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Evidence did not support shoulder injury award (access required)

Where there was no medical diagnosis or testimony from claimant that she ever actually injured her shoulder, the Virginia Workers’ Compensation Commission incorrectly awarded her benefits. “[T]here is no credible evidence that she ‘suffered an actual mechanical or structural change ...

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Medical provider billed at prevailing community rate (access required)

Where the employer claimed a medical provider’s bills for treating a workers’ compensation claimant could not constitute prima facie evidence that the amount charged was reasonable, the commission correctly concluded that the amounts charged were presumed to be reasonable. The ...

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One-year limit for pharmacy’s reimbursement claim (access required)

Under the workers’ compensation act, appellant pharmacy is a health care provider and is bound by a one-year limitations period in which to seek reimbursement for prescriptions dispensed to a workers’ compensation claimant. Overview Dove injured her shoulder in a ...

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Math teacher’s vision issues precluded return to work (access required)

The Virginia Workers’ Compensation Commission correctly rejected a school district’s argument that a math teacher could return to work despite vision issues arising from her fall in a school parking lot. Overview Claimant suffered a concussion when she fell. She ...

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Settlement for quadriplegic is third-largest reported to VLW — $3.8 million settlement (access required)

Workers’ Compensation Type of Action: Workers’ compensation Injures: Quadriplegic  Special Damages: Expected permanent total disability and entitlement to lifetime medical benefits including home health care Verdict or Settlement: Settlement Amount: $3,800,000 Date of Settlement: 2020 Attorneys for Plaintiff: Andrew Reinhardt, ...

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