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

Where a truck driver tripped over a mat when departing his employment location but only speculated about what caused him to trip, he did not show that the resulting knee injury resulted from an actual risk of his employment. Background ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers' Compensation

The Joint Legislative and Audit Commission is conducting its first study on workers’ compensation in Virginia in almost 30 years. JLARC, which evaluates government programs and analyzes state agencies on behalf of the Virginia General Assembly, has been researching Virginia ...

Tagged with: Virginia Workers' Compensation Commission News Workers' Compensation

BY DEBORAH WOOD BLEVINS and ANTOINETTE MOORE The Virginia Workers’ Compensation Commission turns 100 years old this year. The Workers’ Compensation Act was enacted by the Virginia General Assembly in March 1918. In 1919, the Industrial Commission, the predecessor of the ...

Tagged with: Virginia Workers' Compensation Commission News Workers' Compensation

Where an administrative judge explained why an expert convincingly opined that a miner who smoked two packs of cigarettes a day for 50 years did not suffer from black lung disease, the miner was not entitled to benefits under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Workers' Compensation

Where a pro se claimant failed to comply with multiple rules of the court, her appeal is dismissed. Background On May 15, 2017, Bricia Roslyn Bryant was awarded medical benefits and two days of total disability benefits for a compensable ...

Tagged with: Per Curiam Opinion Virginia Court of Appeals Workers' Compensation

Although the Virginia Workers Compensation Commission concluded the claimant’s injury was compensable, it failed to identify when the injury specifically occurred, as required by the law. Because there appears to be sufficient evidence in the record to allow this finding, ...

Tagged with: Judge Teresa M. Chafin Virginia Court of Appeals Workers' Compensation