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 ...

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

Virginia Lawyers Weekly is pleased to announce the latest group of honorees in our program recognizing the leading lawyers in a particular field of law. Previously we have named “Virginia’s Go To Lawyers” for business law and employment law. The latest ...

Tagged with: Lawyers Workers' Compensation

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 ...

Tagged with: Justice William C. Mims Supreme Court of Virginia Workers' Compensation

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 ...

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

An employer may raise a statute of limitations defense to a medical provider’s unpaid bill even if the employer did not follow the statutory requirements for disputing the bill. The medical provider must submit a timely bill to make the ...

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

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 ...

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

Claimant’s argument that the Virginia Workers’ Compensation Commission applied a clear and convincing evidence standard to deny her claim is not well-taken. The preponderance of the evidence standard has two components, the burden of production and the burden of persuasion. ...

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

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 ...

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

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 ...

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

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, ...

Tagged with: Settlement Workers' Compensation