The death of a leasing agent, who was stabbed to death while working at her leasing office, arose out of her employment with the apartment complex. Therefore, her estate could obtain remedies against her employer only as provided in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Per Curiam Opinion Workers' Compensation

Equivocal medical testimony could not rebut the Black Lung Benefits Act’s 15-year presumption of causation, the court of appeals held. Claimant Lonnie Smith was a coal miner for 31 years. In 2003, he retired because shortness of breath and other ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Pamela A. Harris Workers' Compensation

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 ...

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

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Workers' Compensation

Pacheco v. J.P. Masonry Inc. (VLW No. 017-7-287, 7 pp.) (Haley, J.) Appealed from Va. Workers’ Compensation Comm., Va. App. Unpub. Holding:  Claimant-worker, injured in a work-related accident that resulted in a below-the-knee amputation of his left foot, challenged the ...

Tagged with: Judge James W. Haley Jr. Virginia Court of Appeals Workers' Compensation

  An injured employee whose lawyers unwittingly scotched his workers’ compensation award has settled legal malpractice claims for $5 million. The lawyers allegedly overlooked the need to involve the workers’ comp insurance company when they resolved a related product liability ...

Tagged with: Workers' Compensation

A claimant injured in a fall on a construction site has not shown he is entitled to workers’ compensation, based on his assertion that he was a direct employee of a builder who had fewer than three employees and who ...

Tagged with: Judge William G. Petty Unpublished Opinion Virginia Court of Appeals Workers' Compensation

The Court of Appeals affirms the commission’s denial of a Federal Express worker’s Aug. 27, 2015, claim for permanent partial disability benefits for his Jan. 8, 2009, workplace accident; he failed to preserve his claim with benefits claims forms he ...

Tagged with: Judge Rosemarie Annunziata Unpublished Opinion Virginia Court of Appeals Workers' Compensation

The Court of Appeals affirms an award of temporary, total workers’ compensation benefits for a claimant who injured his shoulder on the job and has pain and a limited range of motion. Claimant initially was scheduled to meet with his ...

Tagged with: Judge Richard Y. AtLee Jr. Unpublished Opinion Virginia Court of Appeals Workers' Compensation

A deputy sheriff who injured his right arm and wrist while making an arrest did not demonstrate a “good reason” to have a surgery performed by a non-treating physician, and the Court of Appeals upholds a commission decision that this ...

Tagged with: Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals Workers' Compensation