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Tag Archives: Workers’ Compensation

CAV: No evidence that seeing needle caused EMT to faint (access required)

The Commission erred in concluding that an EMT, who had previously felt light-headed but never fainted when seeing large needle injections, showed that his loss of consciousness was caused by observing a spinal injection. Background On July 1, 2016, Appellee ...

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CAV: Claim not “new” when discoverable in prior action (access required)

Res judicata applied to claims that an injured worker discovered when she deposed her doctor after the Workers’ Comp ensation Commission’s denial of her initial claims. She had initially chosen not to depose him due to the cost, but this ...

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Performer disabled when stunt went wrong, claim mediated – $1.6 Million Settlement (access required)

Claimant was a performer who was injured when a planned stunt went wrong. He fell from a height landing flat and hard striking the right side of his face. He was rendered unconscious for an hour. As a result of ...

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CAV: Employment agreement controlled care payments (access required)

Based on a broadly-worded employment agreement, an employer could unilaterally stop providing care payments for an injured employee based on a doctor’s assessment that the employee no longer needed such care. Background While working for Appellee Sonny’s Auto Racing, Appellant ...

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Trooper’s PTSD from accident scene not compensable (access required)

A state trooper responding to a gruesome traffic accident could not prevail on a claim for purely psychological damages arising from “unfortunately frequent” occurrences in his line of work, the court of appeals held. On August 19, 2015, Virginia State ...

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Voluntary Retirement Doesn’t Defeat Disability Claim (access required)

Employees covered by the Longshore and Harbor Workers’ Compensation Act can claim disability benefits despite voluntary retirement, the circuit court held. After working for Appellee Huntington Ingalls Inc. for 45 years, Appellant Russell Moody gave 90 days’ notice of his ...

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