Although the commission had previously concluded the employee’s right-knee injury was attributable to a compensable injury, the commission could still consider the employee’s pre-existing condition in evaluating the degree of impairment. Background On March 2, 2009, claimant injured her left ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

An employee was properly denied workers’ compensation benefits where she was unable to demonstrate that her psychological and physical diagnoses were related to the injuries she suffered in a workplace accident, and she failed to sufficiently demonstrate her efforts to ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

An employer who argued the employee’s testimony was inherently incredible lost on appeal because the court does not second-guess credibility determinations made by the commission. Background On May 12, 2017, claimant was employed as an “outside plant tech” for employer. ...

Tagged with: Judge James W. Haley Jr. Virginia Court of Appeals Workers' Compensation

In an issue of first impression, the court held that a claimant does not need to prove a structural or mechanical change in every body part as long as there is at least one sudden mechanical or structural change and ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Where an insurance company first began providing coverage for a coal company one day before a miner resigned from the company, and the miner was first diagnosed with legal pneumoconiosis approximately one month later, the insurance company was liable for ...

Tagged with: 4th U.S. Circuit Court of Appeals Per Curiam Opinion Workers' Compensation

Where a severe storm occurred during a police corporal’s outdoor interview with a homicide suspect, and the suspect was never detained or placed under arrest, the injuries sustained by the corporal when she almost fell while attempting to flee the ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers' Compensation

In late April 2014, the claimant was riding on a large construction vehicle on the farm owned by his employer. He was working on a Saturday, which was not his normal workday. He and the employer had been moving a ...

Tagged with: Million-Dollar Settlements Virginia Court of Appeals Workers' Compensation

An employee was entitled to workers’ compensation benefits where he suffered a lower back injury during a workplace accident that exacerbated his preexisting back pain because the employee’s actions during the accident did not constitute a willful violation of a ...

Tagged with: Judge Rosemarie Annunziata Virginia Court of Appeals Workers' Compensation

Where an employee suffered a variety of respiratory issues beginning about two weeks after she was exposed to a bat while working in her employer’s warehouse, she was not entitled to workers’ compensation benefits because she did not show a ...

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

A bus driver who injured her lower back and hip after falling down the steps of a bus she was cleaning was entitled to workers’ compensation benefits for treatment of those injuries but was not entitled to benefits for neck ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation