A claimant’s complaint to her supervisor that she continued to suffer worsening pain from her on-the-job injury and the supervisor’s response that he would get in touch about her seeing a doctor, supported her contention that she consulted with employer ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

A 50-year-old stockroom employee who suffered a work-related spinal injury is entitled to temporary total disability benefits, the Court of Appeals says, based on her treating orthopedic surgeon’s opinion that the employee’s continued pain and decreased sensation in her lower ...

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

The Court of Appeals affirms a workers’ comp award to an employee who suffered a work-related crushing injury to his right arm and who continued to have post-surgical pain in his right shoulder and an apparent reflux sympathetic dystrophy in ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

The commission erred in denying employer’s request for a hearing on its claim that employee filed his claim for benefits after the statute of limitations had run, and the Court of Appeals reverses and remand for a hearing on this ...

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

A claimant who fell on icy ground as she returned from her unpaid lunch hour, exited the public street and walked past employer’s electronic card reader and gate that controlled access to the building’s paved driveway and underground garage, was ...

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

In this workers’ comp case involving a flight attendant who rejected her treating physician’s opinion releasing her to full duty in favor of continued medical treatment that culminated in neck surgery and a finding of total disability, the dispute between ...

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

The Court of Appeals rejects employer’s contention that the commission erred in concluding claimant was disabled and in granting temporary total disability and medical benefits, based upon the “two causes” rule. The two causes rule addresses those cases where a ...

Tagged with: Judge Rosemarie Annunziata Virginia Court of Appeals Workers' Compensation

Where claimant’s initial treating physician referred him on to other physicians for treatment of his fractured wrist, which eventually required surgery, the Court of Appeals says the physicians to whom claimant was referred also were authorized treating physicians and employer ...

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

Employers could be required to provide language translators when necessary for injured workers to receive needed medical care under a recent opinion from the Workers’ Compensation Commission. In an issue of apparent first impression, the Virginia Workers’ Compensation Commission has ...

Tagged with: Virginia Workers' Compensation Commission Workers' Compensation

A claimant who suffered a work injury that aggravated her pre-existing condition, from her prior total knee replacement from a non-work-related medical condition, is not entitled to a 37 percent lower left extremity impairment rating, the Court of Appeals holds. ...

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