The Court of Appeals has no jurisdiction to review the commission’s decision that claimant reasonably marketed her residual work capacity, an issue that was secondary to the commission’s decision that claimant’s carpal tunnel syndrome was not an occupational disease arising ...

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

Treatment of a professional soccer player’s right shoulder and neck are encompassed within his compensable upper back injury suffered in 2005 during practice, and the Court of Appeals reverses the commission’s denial of medical benefits and holds the claim is ...

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

Medical evidence that supported an employee’s claim that her carpal tunnel syndrome was a compensable occupational disease can be discounted because the medical providers she cited were not familiar with claimant’s job duties at Goodyear, and the Court of Appeals ...

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

The Benefits Review Board did not err in holding that the employer did not rebut a shipyard worker’s prima facie case of workplace related aggravation-injury, but the 4th Circuit says the board abused its discretion in applying a 10-year-old case ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Workers' Compensation

Although a skilled carpenter elected to make his own withholding tax payments, appellant construction company exerted control over claimant carpenter by directing his work on a daily basis, and the Court of Appeals upholds an award of workers’ comp for ...

Tagged with: Judge Larry G. Elder Virginia Court of Appeals Workers' Compensation

The Workers’ Compensation Commission had no jurisdiction to decide that an employee’s death in an auto accident arose out of his employment; because the employee died and had no beneficiaries, the commission had no jurisdiction in the matter and the ...

Tagged with: Fairfax County Circuit Court Judge R. Terrence Ney Workers' Compensation

A machine operator injured while operating a wool press machine at a sheep farm owned by appellant lawyer wins his case for compensation for his neck injury, as the Court of Appeals upholds the commission’s decision that the farm was ...

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

Upon rehearing en banc, the Court of Appeals reverses a commission decision rejecting claimant’s change-in-condition application for benefits as time-barred under Va. Code § 65.2-708(A), based on the commission’s ruling that the tolling provision in subsection (C) extends only once ...

Tagged with: Virginia Court of Appeals Workers' Compensation

The Workers’ Compensation Commission has decided to extend the time allowed to file appellate written statements with the commission, from 15 days for appellant, with 10 more for appellee, to 30 days and an additional 15 days. Litigants routinely request ...

Tagged with: Workers' Compensation

Foot bone connected to the leg bone. Leg bone connected to the knee bone. You could almost hear the Court of Appeals humming “dem bones, dem bones, dem dry bones” when they decided a workers’ comp case yesterday. Under Virginia ...

Tagged with: Workers' Compensation