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Tag Archives: Workers’ Compensation

Pre-existing condition limits disability award (access required)

The Virginia Workers’ Compensation Commission correctly determined that claimant had a pre-existing condition that affected her ability to use her hip. Further, the commission correctly determined that although her treating physician opined that she had a 50 percent disability, she ...

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Employer did not prove safety rule violation (access required)

Where claimant crushed her hand between the walk-behind fork truck she was operating and a metal crate, the Virginia Workers’ Compensation Commission correctly affirmed the deputy commissioner’s decision to approve claimant’s application for benefits. The employer did not prove that ...

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Medical worker tears ACL after being assaulted by patient — $120,000 settlement (access required)

Type of action: Workers’ compensation Injuries alleged: Torn ACL donor skin graft Date resolved: 7/1/2021 Amount: $120,000 Attorneys for plaintiff (and city): Richard Talbot and Geoff McDonald, Richmond Description of case: On May 13, 2019, the claimant was violently assaulted ...

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Independent contractor loses right hand after being electrocuted on the job — $1.5 million settlement (access required)

Type of action: Workers’ compensation Injuries alleged: Electrocution with amputation of right hand and partial left foot and deformity of left hand Name of case: Espinoza v. AFA Painting and Home Improvements LLC Court: Virginia Workers’ Compensation Commission Case no.: ...

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Reasonable notice required for attorney’s fee claim (access required)

The Workers’ Compensation Appellate Commission correctly interpreted its rules to require reasonable notice when requesting attorney’s fees from a health care provider. As determined in Marks v. Henrico Doctors’ Hospital/HCA, ___ Va. App. ___ (June 29, 2021), although the relevant ...

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Fall on vinyl covered stairs was not injury by accident (access required)

Where claimant slipped and was injured on vinyl-covered stairs at work, the covering was not a “hazard or danger peculiar to the workplace,” and thus claimant did not suffer an injury by accident. The Virginia Workers’ Compensation Commission correctly affirmed ...

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Reasonable notice required for attorney’s fee claim (access required)

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 ...

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Injuries in separate accidents bars permanent disability award (access required)

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 ...

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