Where claimant injured his neck and left arm at work, underwent surgery, and fell and injured his knee after he became dizzy from pain medication, he was correctly awarded permanent and total disability compensation under Code § 65.2-503(C). The knee ...

Tagged with: Virginia Court of Appeals Workers' Compensation

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 ...

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

Where appellant claimed he injured his shoulder when he used only “minimal force” to tug on plastic wrap surrounding two boxes to move them forward on a pallet, an administrative determination that the injury did not arise from his employment ...

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

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 ...

Tagged with: Sponsored Content Workers' Compensation

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 ...

Tagged with: Judge James P. Jones U.S. District Court - Western District Workers' Compensation

Where the claimant, a limousine driver who was on his way to his employer’s office in a company vehicle, failed to explain what caused his low-speed, single-vehicle collision with a guard rail, the Workers’ Compensation Commission correctly denied his claim ...

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

The doctrine of res judicata prevents this court from reviewing the Virginia Workers’ Compensation Commission’s fact findings in a matter where a final determination on the merits has been reached. Overview The city of Chesapeake employs the claimant as a ...

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

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 ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

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 ...

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

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 ...

Tagged with: Deputy Commissioner Angela F. Gibbs Million-Dollar Settlements Virginia Workers' Compensation Commission Workers' Compensation