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

Temporary continuing workers’ compensation benefits for a total disability were properly suspended in a case where the claimant was partially disabled due to a work-related injury and became totally disabled due to kidney failure that was unrelated to his work. ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Workers' Compensation

Where an employee suffered head injuries in a compensable work accident and was awarded wage benefits for those injuries approximately nine months later, her application for additional benefits stemming from that same injury, filed more than two years after the ...

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

Testimony from the claimant and his doctors that his prior left knee injury caused his right knee injury was sufficient to support the commission’s decision. Background Claimant’s original injury was a left knee meniscal tear, which was treated by a ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers' Compensation

The claimant sustained a right ankle and foot injury arising out of and in the course of her employment. The overcompensation to her right lower extremity caused her to have issues with her left lower extremities. Her medication caused dry ...

Tagged with: Million-Dollar Settlements Virginia Workers' Compensation Commission Workers' Compensation

Although the claimant had previously been injured at work, and then felt faint during physical therapy for that work-related injury, there was insufficient evidence to connect the man’s fainting to the injury. Background On Aug. 11, 2016, while undergoing physical ...

Tagged with: Per Curiam Opinion Unpublished Opinion Virginia Court of Appeals Workers' Compensation

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