In this first-impression case, the 4th Circuit says the term “compensation” in Section 22 of the Longshore & Harbor Workers’ Compensation Act does not include the payment of medical benefits, and the court upholds the Benefits Review Board’s denial of ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Workers' Compensation

A claimant who felt pain in his chest, arm and neck shortly after he finished cranking the landing gear on a truck, over a period of 10 to 30 minutes (which was not part of his normal work activity) suffered ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

A drugstore wins its appeal of an award of partial disability benefits to an employee who hurt her right elbow and left arm; the Court of Appeals says the commission erred in holding claimant had adequately marketed her residual work ...

Tagged with: Judge Walter S. Felton Jr. Virginia Court of Appeals Workers' Compensation

An employee’s widow cannot claim as his average weekly wage the $2,500 he would have received had he completed the one-week construction project he was working on when he fell through a skylight to his death, and the Court of ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers' Compensation

A restaurant employee who dislocated his shoulder when he raised his arm to ward off ice thrown by co-workers gets another chance for comp benefits, as the Supreme Court of Virginia says it did not “scuttle” the horseplay rule in ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

A claimant’s testimony that she “twisted her body” and “felt something pull” in her lower back when she was attempting to assist a disabled patient by lifting her from a wheelchair onto the toilet, support claimant’s assertion of an identifiable ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

Here’s a case where a driver distracted by a cell-phone call could show that the resulting accident was covered by workers’ comp. Hospice nurse Donna Turpin sought medical payments for whiplash she suffered when she went off the road after ...

Tagged with: Workers' Compensation

The Court of Appeals reverses the commission’s award of benefits to claimant Scott Patton under the de factoaward doctrine, which effectively precluded the employer from exercising its statutory right to contest compensability of the claim. In the alternative, the commission ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers' Compensation

An injured drugstore employee who wanted to keep her workers’ comp benefits needed to do more than accept the light-duty job offered by her employer, the Virginia Court of Appeals said today. She needed to keep looking for work, the ...

Tagged with: Workers' Compensation

Online job searches may be the norm nowadays, but lawyers who represent workers’ comp claimants may want to see that they make some in-person visits when seeking work. An employee injured on the job has a duty to market any ...

Tagged with: Virginia Workers' Compensation Commission Workers' Compensation